Conservation Area Declaration DRAFT (Beech Tree Park)DECLARATION OF OPEN SPACE/CONSERVATION AREA
RECITALS
The Community Builders, Inc. and the Massachusetts Development Finance Agency (the “Agency”) are the sole members of Hospital Hill Development LLC, and the Agency is the Manager of the
Company. The Company was formed for the purpose of the acquisition and redevelopment of a portion of the former Northampton State Hospital site in Northampton, Hampshire County, Massachusetts
(the “Property”).
The Company has acquired title to the Property in accordance with a Land Disposition Agreement dated September 5, 2002 between the Commonwealth of Massachusetts, acting by and through
its Division of Capital Asset Management and Maintenance (“DCAM”), and The Community Builders (the “LDA”) pursuant to a Release Deed from the Commonwealth of Massachusetts, acting by
and through DCAM, to the Company dated November 25, 2002 and recorded in the Hampshire County Registry of Deeds at Book 6925, Page 302.
The Property includes a parcel of land shown on the plan entitled “THE VILLAGE AT HOSPITAL HILL, PHASE ONE DEFINITIVE SUBDIVISION, NORTHAMPTON, MASSACHUSETTS, dated November 20, 2003,
Revised: January 22, 2004, Revised: February 23, 2004 (Sheets 1-35), Revised April 30, 2004 (Sheet 36), prepared by Beals and Thomas, Inc., 144 Turnpike Road, Northborough, MA 01772”,
and recorded with the Hampshire County Registry of Deeds in Plan Book 202, Page 75, showing Lots 1 through 20 (the “Initial Plan”). The North Campus of the Village at Hospital Hill
is comprised of lots numbered 13, 14, 15, 16, 17, 18, 19, 20, Parcel A and Parcel B on the Initial Plan (the “North Campus”) as further subdivided by AMENDMENT TO THE PHASE 1 DEFINITIVE
SUBDIVISION PLAN, THE VILLAGE AT HOSPITAL HILL in NORTHAMPTON, MA (Hampshire County) dated May 27, 2005; Revised: November 8, 2005, Revised January 25, 2006 and prepared by Beal and
Thomas, Inc., 144 Turnpike Road, Southborough, MA 01772 recorded with the Hampshire County Registry of Deeds in Plan Book 210, Page 31 showing Lots 13 through 20, Parcels A and B and
ass further subdivided by the plan entitled VILLAGE HILL, NORTHAMPTON, MASSACHUSETTS DEFINITIVE PLAN dated March 26,
2007 and prepared by The Berkshire Design Group, Inc., 4 Allen Place, Northampton, MA 01060 recorded with the Hampshire County Registry of Deeds in Plan Book 216, Page 71 showing Parcel
13-A, Lot 14, Parcel A, Lot 18, Lot 19, Lot 20-A, and Lots 21 through 25 and Lot B-1 (collectively, the “Plan”).
The Company subjected the North Campus to covenants contained in that certain Declaration of Covenants, Restrictions, Maintenance and Easement Agreement dated as of October 8, 2004 and
recorded in the Hampshire County Registry of Deeds at Book 8024, Page 275 on October 15, 2004 as amended by that Amendment to Declaration of Covenants, Restrictions, Maintenance and
Easement Agreement dated September 22, 2006 and recorded in the Hampshire County Registry of Deeds at Book 9016, Page 215, on January 22, 2007 and as restated and further amended by
Consolidated Restatement and Amendment of Declaration of Covenants, Restrictions, Maintenance and Easement Agreement dated April 17, 2008 and recorded in the Hampshire County Registry
of Deeds at Book 9457, Page 1 on April 17, 2008 (collectively referred to as the “Declaration”). The Company is the Declarant under the Declaration.
E. The Declaration provides that the Declarant may designate any Lot or portion of a Lot as Open Space/Conservation Area.
KNOW ALL BY THESE PRESENTS THAT
Pursuant to Article I of the Declaration, the Company as Declarant under the Declaration hereby designates the following portion of the Property to be known as “Beech Tree Park” (“Conservation
Area”) as Open Space/Conservation Area subject to the provisions of the Declaration regarding Open Space/Conservation Area:
[Insert Legal Description]
Such Conservation Area is a portion of Lot 24 as shown on the Plan.
In accordance with Article III(2)(E) of the Declaration, the Declarant reserves for itself and its successors and assigns, the right to:
construct and maintain such culverts and drainage ways as the Declarant may deem appropriate after any necessary approvals from the City of Northampton, Massachusetts;
construct, maintain and repair any Detention Ponds, Drainage Easements, stormwater culverts within specified drainage easements, and future bike path and multi-use trail(s) located within
the Conservation Area;
install and maintain underground utilities including water or sewer lines to service any and all of the Lots shown on the Plan; and
erect temporary buildings or structures to be used only during any construction activity and which shall be removed immediately after the completion of such construction activity.
The designation of Beech Tree Park as a Open Space/Conservation Area under the Declaration shall create a conservation restriction in accordance with Mass. Gen. Laws c. 184, §31 for
the benefit of the Village at Hospital Hill—North Association. The term of the conservation restriction shall be coterminous with the term of the Declaration. A notice of restriction
shall be recorded prior to October 1, 2034 and every twenty (20) years thereafter to extend the term of this restriction.
All capitalized terms not defined herein shall have the meaning set forth in the Declaration.
Signed as a sealed instrument as of this __ day of _________________, 2012.
DECLARANT:
HOSPITAL HILL DEVELOPMENT LLC
By: Massachusetts Development Finance Agency,
Its Manager
By: _______________________________________
Name: Richard C.J. Henderson
Title: Executive Vice President for Real Estate
COMMONWEALTH OF MASSACHUSETTS
Suffolk, ss.
On this ____ day of ______________, 2012, before me, the undersigned notary public, personally appeared Richard C.J. Henderson, proved to me through satisfactory evidence of identification,
which was (a current driver’s license) (a current U.S. passport) (my personal knowledge of the identity of the principal), to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that (he) (she) signed it voluntarily for its stated purpose, as Executive Vice President for Real Estate of Massachusetts Development Finance Agency,
acting as manager of Hospital Hill Development LLC.
____________________________________
(official signature and seal of notary)
My commission expires: