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01-009 Hampshire Registry of Deeds July 3 20023 -JUL -2002 13:17:15 Hampshire County Registry of Deeds Receipt No: 173626 Marianne L. Donohue, Register of Deeds 33 King Street Northampton, MA 01060 -3298 Name: ATTY ROGER WALASZEK Addr: 76 GOTHIC STREET NORTHAMPTON, MA 01060 -0000 Receipt Type: OR DOCUMENTS: 992219908 to 992219918 -------------------------------------------------------------------------------------------------------------------------- Type Page Doc Mref Consider$ Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No /Page Status DEED 002 0001 Payment Total Pages: 0060 113.01 PAID Fees Taxes Fee: $ 199.00 Cash: $ 0.00 $ 0.00 Tax: $ 1435.41 Check: $ 389.00 $ 1435.41 Misc: $ 190.00 Charge: $ 0.00 0.00 20.00 Charge Code: 13:13 Comment: LEPINE- WZOREK /6703/0285 INIT Receipted By: MARILYN 0001 Status: PAID DOCUMENTS: 992219908 to 992219918 -------------------------------------------------------------------------------------------------------------------------- Type Page Doc Mref Consider$ Record Fee Excise Tax Stat Misc Fee Record Date Document# Book/No /Page Status DEED 002 0001 0000 24783.00 25.00 113.01 PAID 20.00 3 -JUL -2002 13:13 992219908 OR /6703/0283 INIT MIS3 001 0001 0000 0.00 10.00 0.00 20.00 3 -JUL -2002 13:13 992219909 OR /6703/0285 INIT MIS1 001 0001 0001 0.00 4.00 0.00 10.00 3 -JUL -2002 13:13 992219910 OR /6703/0286 INIT MIST 001 0001 0001 0.00 4.00 0.00 10.00 3 -JUL -2002 13:13 992219911 OR /670310287 INIT MIS1 001 0001 0001 0.00 4.00 0.00 10.00 3 -JUL -2002 13:13 992219912 OR /6703/0288 INIT DE 00 0000 290000.00 26.00 1322.40 PAID 20.00 3 -JUL -2002 13:13 99221 R 6703/0289 INIT EED 005 0001 0000 1.00 26.00 0.00 20.00 3 -JUL -2002 13:14 992219914 OR /6703/029 MISS 021 0001 0000 27.00 0.00 20.00 3 -JUL -2002 13:15 992219915 OR IT MG 016 0001 0000 0.00 32.00 0.00 20.00 3 -JUL -2002 13:16 992219916 OR /6703/0320 INIT MIS5 002 0001 0000 0.00 20.00 0.00 20.00 3 -JUL -2002 13:16 992219917 OR /6703/0336 INIT Cawl +�A�6 MG 005 0001 0000 0.00 21.00 0.00 20.00 3 -JUL -2002 13:16 992219918 OR /6703/0338 INIT Page 0001 of 0001 CITY OF NORTHAMPTON OFFICE OF THE PLANNING BOARD NORTHAMPTON, MASSACHUSETTS COVENANT RELEASE Northampton, Massachusetts, July 2002 The undersigned, being a majority of the Planning Board of the City of Northampton, Massachusetts, hereby releases and discharges Lepine Wzorek Associates a Massachusetts General Partnership , and its successors, form the Covenant dated May 22, 2002 recorded in the Hampshire County Registry of Deeds in Book 6673 . Page 183 as well as the property referred to therein, which covenant relates to the Definitive Plan of Subdivision for The _Plantation at West Farms, dated Apr i118 2002 which plan is recorded in Hampshire County Registry of Deeds in Plan Book 192 , Pages 76 -118 Lots released include: 1 -9; 11 -14; and 15 -29,1 aving 16ts 10`jL,1.5subject to the original covenant. Executed this day of July , 2002 Majority of the Planning Board of the City of Northampton: THE COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS. July , 2002 Then personally appeared , one of the above named members of the Planning Board of the City of Northampton, Massachusetts, and acknowledged the foregoing instrument to be the free act and deed of said Planning Board before me, Notary Public: My Commission Expires: { Document= XAdocs \191\3 \lettmemo \00031859.DOC; } r Affected Premises C On and off Burts Pit Road Northampton, MA 01060 KNOW ALL PERSONS BY THESE PRESENTS That DAVID M. LEPINE, WILLIAM P. WZOREK, SR., WILLIAM P. WZOREK, JR. and JAMES F. WZOREK, JR., General Partners doing business under the name and style of LEPINE - WZOREK ASSOCIATES, a Massachusetts General Partnership with a principal place of business at 262 East Street, Easthampton, Hampshire County, Massachusetts, for consideration paid, and in full consideration of $1.00 grant to the CITY OF NORTHAMPTON CONSERVATION COMMISSION 210 Main Street, Northampton, Massachusetts 01060 with QUITCLAIM COVENANTS The land is conveyed to the grantee under the provisions of M.G.L.,Chapter 40, Section 8C, and shall be managed and controlled by the Conservation Commission of the City of Northampton for the purposes of passive recreation and conservation and for the promotion of the natural resources of the City and consistent with Article 97 of the Articles of Amendment of the Constitution of Massachusetts. Two (2) certain tracts or parcels of land situated on and off Burts Pit Road in Northampton, Hampshire County, Massachusetts, as follows: SEE SCHEDULE A DESCRIPTION SHEET ATTACHED HERETO AND MADE A PART HEREOF FOR THE PREMISES ON AND OFF BURTS PIT ROAD IN NORTHAMPTON, HAMPSHIRE COUNTY, MA. Being a portion of the premises conveyed to the grantors herein by Deed of the Wzorek Family Investment Trust dated July 2002, and recorded with the Hampshire County Registry of Deeds in Book( 703 Page . WITNESS our hands and seals this day of July, 2002. LEPINE OREK ASSOCIATES B /' %� f David M. L ine - General Partner (,� y B 1 & William P. Wzore , r. - General Partner By All iarn P. Wz r , Jr. -G neral Partner By s F. Wzorek, - Gene 1 Partner COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. July : , 2002 Then personally appeared the above -named DAVID M. LEPINE, WILLIAM P. WZOREK, SR., WILLIAM P. WZOREK, JR. and JAMES F. WZOREK, JR. who acknowledged the foregoing instrument to be the free act and deed of LEPINE- WZOREK ASSOCIATES, before me, AA.Walaszek _ R er - Notary Public My commission expires: 8/15/08 Two (2) certain tracts or parcels of land situated on and off Burts Pit Road in Northampton, Hampshire County, Massachusetts, shown as Parcels BB, and CC on set of plans entitled "Definitive Subdivision Plantation at West Farms, Northampton, Massachusetts", Prepared for Lepine - Wzorek Associates, dated April 18, 2002, Almer Huntley, Jr. and Associates, Inc., Surveyors, Engineers, Landscape Architects, recorded with the Hampshire Registry of Deeds in Plan Book 192 , Pages 76 -118, which parcels are more particularly bounded and described as follows: PARCEL BB : Beginning at an iron pin to be set in the westerly sideline of said Cardinal Way (a private way), which iron pin marks the southeasterly corner of Lot 26 as shown on said Plan, and the northeasterly corner of the parcel described herein; thence proceeding S. 85o 42' 19" W. a distance of 178.00 feet to an iron pin to be set; thence turning and running N. 18o 26' 40" W. a distance of 53.64 feet to an iron pin to be set, the last two courses being along said Lot 26; thence turning and running N. 60o 51' 08" W. a distance of 54.18 feet to an iron pin to be set; thence turning and running N. 78o 58' 32" W. a distance of 109.70 feet to an iron pin to be set; thence turning and running N. 78o 02' 55" W. a distance of 105.60 feet to an iron pin to be set; thence turning and running N. 68o 06' 07" W. a distance of 120.91 feet to an iron pin to be set; thence turning and running N. 53 0 31' 52" W. a distance of 125.74 feet to an iron pin to be set; thence turning and running N. 36o 06' 22" E. a distance of 175.57 feet to an iron pin to be set in the westerly sideline of said Cardinal Way; thence turning and running along the arc of a curve to the right a distance of 40.94 feet along said Cardinal Way to an iron pin to be set,which iron pin marks the southeasterly corner of Lot 20 as shown on said Plan; thence turning and running S. 480 26' 43" W. a distance of 174.99 feet to an iron pin to be set; thence turning and running N. 36o 07' 28" W. a distance of 123.85 feet to an iron pin to be set; thence turning and running N. 23o 55' 23" W. a distance of 122.94 feet to an iron pin to be set, which iron pin marks the northwesterly corner of Lot 19 as shown on said Plan; thence turning and running S. 690 14' 29" W. a distance of 117.17 feet to an iron pin to be set at land now or formerly of Bill Willard, Inc.; thence turning and running S. 04o 03' 12" E. a distance of 75.63 feet to an iron pin found; thence turning and running S. 03o 08' 52" W. a distance of 746.59 feet to an iron pin to be set at the northwesterly corner of Lot 1 as shown on said Plan; thence turning and running N. 83 o 51' 18" E. a distance of 210.30 feet to an iron pin to be set; thence turning and running S. 80o 43' 56" E. a distance of 241.84 feet to an iron pin to be set in the westerly sideline of said Cardinal Way; thence turning and running along an arc of a curve to the right a distance of 46.98 feet along the westerly sideline of said Cardinal Way to an iron pin to be set at the southwesterly corner of Lot 29 as shown on said Plan; thence turning and running N. 24o 47' 46" W. a distance of 167.58 feet to an iron pin to be set; thence turning and running N. 68o 50' 17" E. a distance of 120.00 feet to an iron pin to be set; thence turning and running N. 72o 16' 59" E. a distance of 120.00 feet to an iron pin to be set; thence turning and running N. 72 o 16' 36" E. a distance of 120.36 feet to an iron pin to be set at the northeasterly corner of Lot 27 as shown on said Plan; thence turning and running S. 17o 43' 24" E. a distance of 162.99 feet to an iron pin to be set in the northerly sideline of said Cardinal Way; thence turning and running N. 72o 16' 36" E. a distance of 17.20 feet to a monument to be set; thence turning and running along an arc of a curve to the left a distance of 312.43 feet to the iron pin to be set at the place of beginning. Containing 9.633 acres more or less. Parcel BB is subject to a thirty (30) foot wide waterline easement to the City of Northampton, recorded with the Hampshire Registry of Deeds in Book 1925, Page 28. See also Plan Book 102, Page 19. PARCEL CC : Beginning at an iron pin to be set in the southerly sideline of said Cardinal Way which iron pin marks the northeasterly corner of Lot 7 as shown on said Plan and the northwesterly corner of the parcel described herein; thence proceeding S. 090 41' 05" E. a distance of 185.06 feet to an iron pin to be set; thence turning and running S. 72o 16' 36" W. a distance of 201.98 feet to an iron pin to be set at the southeasterly corner of Lot 5 and the southwesterly corner of Lot 6 as shown on said Plan; thence turning and running S. 090 30' 02" E. a distance of 232.02 feet to an iron pin to be set; thence turning and running N. 82o 40' 28" E. a distance of 219.02 feet to an iron pin to be set; thence turning and running N. 090 32' 48" W. a distance of 300.23 feet to an iron pin to be set; thence turning and running N. 82o 40' 28" E. a distance of 572.37 feet to an iron pin to be set; thence proceeding along the same course a distance of 36 feet more or less to the center line of Parsons Brook, the last three courses being along land now or formerly of David L. Hawthorne; thence turning and running along the center line of Parsons Brook 2,840 feet more or less to a culvert invert at Burts Pits Road; thence turning and running N. 73o 06' 02" W. a distance of 14 feet, more or less, to an iron pin to be set; thence proceeding along the same course a distance of 135.00 feet to a monument to be set, the last two courses being along the southerly sideline of said Burts Pit Road; thence turning and running along an arc of a curve to the left a distance of 55.30 feet to a monument to be set on the easterly sideline of said Cardinal Way; thence turning and running S. 010 16' 33" W. a distance of 5.23 feet to an iron pin to be set; thence turning and running S. 88o 43' 27" E. a distance of 25.00 feet to a monument to be set; thence turning and running S. 010 16'33"W. a distance of 110.00 feet to an iron pin to be set; thence turning and running N. 88o 43' 27" W. a distance of 25.00 feet to an iron pin to be set; thence turning and running along an arc of a curve to the left a distance of 119.34 feet to a monument to be set; thence turning and running along an arc of a curve to the right a distance of 36.09 feet to an iron pin to be set; thence turning and running N. 40o 43' 39" E. a distance of 94.64 feet to an iron pin to be set; thence turning and running N. 410 56' 15" W. a distance of 42.71 feet to an iron pin to be set; thence turning and running N. 40o 43' 39" E. a distance of 30.25 to an iron pin to be set; thence turning and running S. 410 56' 15" E. a distance of 42.71 feet to an iron pin to be set; thence turning and running N. 40o 43' 39" E. a distance of 32.78 feet to an iron pin to be set; thence turning and running S. 390 53' 41" E. a distance of 157.79 feet to an iron pin to be set; thence turning and running S. 57o 59' 21" W. a distance of 182.93 feet to an iron pin to be set in the easterly sideline of said Cardinal Way; thence turning and running along an arc of a curve to the right a distance of 17.24 feet to a monument to be set; thence turning and running S. 03 07' 49" E. a distance of 113.33 feet to a monument to be set; thence turning and running along SCHEDULE A (Page 2 of 3 Pages) an arc of a curve to the left a distance of 78.94 feet to an iron pin to be set at the northwesterly corner of Lot 18 as shown on said Plan; thence turning and running N. 72o 00' 59" E. a distance of 162.73 feet to an iron pin to be set; thence turning and running S. 27o 27' 08" E. a distance of 78.53 feet to an iron pin to be set; thence turning and running S. 63o 36' 11" E. a distance of 70.52 feet to an iron pin to be set at the northeasterly corner of Lot 17 as shown on said Plan; thence turning and running N. 10o 24'08" E. a distance of 210.61 feet to an iron pin to be set; thence turning and running S. 780 06' 49" E. a distance of 243.78 feet to an iron pin to be set; thence turning and running S. 11 o 53' 11" W. a distance of 210.61 feet to an iron pin to be set, which iron pin marks the northeasterly corner of Lot 15 and the northwesterly corner of Lot 13 as shown on said Plan; thence turning and running S. 75o 12' 47" E. a distance of 55.00 feet to an iron pin to be set; thence turning and running S. 27o 54' 50" E. a distance of 104.00 feet to an iron pin to be set; thence turning and running S. 290 02' 58" W. a distance of 122.00 feet to an iron pin to be set in the northerly sideline of said Cardinal Way; thence turning and running along an arc of a curve to the right a distance of 24.97 feet to an iron pin to be set in the northerly sideline of said Cardinal Way; thence turning and running N. 33o 45'43" E. a distance of 132.00 feet to an iron pin to be set; thence turning and runnin S. 86o 20' 33" E. a distance of 85.26 feet to an iron pin to be set; thence turning and running S. 30o 12' 55" E. a distance of 193.85 feet to an iron pin to be set; thence turning and running N. 70o 18' 44" E. a distance of 156.45 feet to an iron pin to be set; thence turning and running S. 100 51' 15" E. a distance of 201.33 feet to an iron pin to be set; thence turning and running S. 700 18' 44" W. a distance of 150.34 feet to an iron pin to be set; thence turning and running S. 10o 22' 38" W. a distance of 142.84 feet to an iron pin to be set; thence turning and running S. 27o 18' 19" W. a distance of 14 1. 10 feet to an iron pin to be set at the southeasterly corner of Lot 8 as shown on said Plan; thence turning and running N. 53o 14' 31" W. a distance of 163.23 feet to an iron pin to be set in the easterly sideline of said Cardinal Way; thence turning and running along an arc of a curve to the right a distance of 154.06 feet to the iron pin to be set at the place of beginning. Containing 17.97 acres more or less. Parcels BB and CC are subject to a right and condition relative to external antennas reserved by the Wzorek Family Investment Trust by deed dated July. , 2002, and recorded with the Hampshire Registry of Deeds, in Book 67a 3 , Page.zF . SCHEDULE A (Page 3 of 3 Pages) LAW OFFICE OF GRIFE & WALASZEK 76 GOTHIC STREET NORTHAMPTON, MASSACHUSETTS 01060 ROGER A. WALASZEK City of Northampton 210 Main Street TEL (413) 584 -8223 FAX (413) 584-5976 July 3, 2002 Conservation Commission Northampton, Ma. 01060 OSCAR GRIFE 1903_19B1 Re: Real Estate (Lots BB And CC) on and off Burts Pit Road, Northampton,Ma. TITLE CERTIFICATE I hereby certify that I have conducted a title examination for the premises described in your deed from Lepine - Wzorek Associates dated July 2, 2002, and to be recorded this day with the Hampshire County Registry of Deeds. I find that you hold good,clear title of record to the above - referenced premises, free from all encumbrances which would material- ly affect the title and excepting only matters expressly enumerated therein and the following: 1. Waterline easement to the City of Northampton recorded with said Registry, in Book 1925, Page 19. 2. Protective Covenants and restrictions and Order of Conditions imposed by the City of Northampton (Conservation Commission and Planning Board) to be recorded with said Registry. 3. Subject to a right and condition relative to external antennas reserved by the Wzorek Family Investment Trust by deed recorded with said Registry, in Book , Page This certification pertains only to matters of record of title and excludes any rights not appearing of record or improperly indexed, any defects, restrictions, or impediments arising from enactment or regulation of the federal government, Commonwealth of Massachusetts, and the municipality in which the land lies, or any agencies thereof and any and all boundaries and such state of facts as may be dis- closed by an inspection of the premises or a survey. This certificate is given for your benefit only as long as you own the premises. Very truly yours, Roger A. Walaszek