Lot Sale Covenant Affordable lotsLot Sale Covenant
Emerson Way, LLC (formerly known as Oak Ridge Road, LLC), of 150 Main Street, Northampton, Massachusetts, hereinafter together called the "Covenantor", having submitted to the Northampton
Planning Board the Definitive Plan of a subdivision, The Oaks Subdivision, dated February 6, 2003, final revision dated September 29, 2005, and recorded at the Hampshire County Registry
of Deeds at Plan Book 209, Page 91, do hereby covenant to and agree with said Planning Board and the successors in office of said Board, pursuant to Mass. General Laws, Chapter 41,
Section 81 U, as amended, that:
The Covenantor is the owner of record of lots 4,5; 25,26; 39,40 shown on said plan;
This covenant shall run with the land on 3 lots numbered 4,5; 25,26; 39,40 as required for the performance of constructing affordable housing units at Burts Bog to meet the criteria
within the City of Northampton Rules and Regulations Governing the Subdivision of Land.
These three lots shall not be sold and no building erected thereon until such time as the Northampton Planning Board receives documentation that building permits have been submitted
for construction on lots at the Burts Bog development for the purposes of building affordable housing. Upon request by the owner, the Planning Board may release these lots for sale/construction
as follows:
For every two units for which proof is given that building permits have been applied for affordable housing at Burts Bog, one of the lots identified herein may be released for sale and/or
construction; or
Lot(s) herein may be released for sale/construction on said lots upon determination by the Planning Board that there is adequate information to show the lot(s) are permanently deed restricted
to meet the standards of affordability as defined in the City’s zoning ordinance and as originally approved in the Emerson Way Subdivision.
This covenant shall be binding upon the executors, administrators, heirs, assigns of the Covenantor and their successors in title to the premises shown on the plan.
Approved by the Northampton Planning Board on July 26, 2018
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Carolyn S. Misch, agent to the Planning Board