16A-020 Scrivener's Affidavit June 19 1985I f
" -s; 1 `9 76
SCRIVENER'S AFFIDAVIT
I, Timothy P. Mulhern, of Springfield, Hampden County,
Massachusetts, being duly sworn, do depose and say that:
(1) I am a duly admitted and practicing Massachusetts
attorney, having an office at 1441 Main Street, Springfield,
Massachusetts.
(2) I prepared a certain Master Deed of Fairway Village
Condominium dated February 21, 1985 and recorded in the
Hampshire County Registry of Deeds in Book 2539, Page 220
(the "Master Deed ") which included Schedules A and B, and the
aforesaid Master Deed contains the errors described below
which are hereby corrected as indicated:
(a) Paragraph 3 in the definition of "Golf Unit"
the second sentence is missing the word "use ". The said
second sentence should read "The Golf Unit shall consist of
the existing buildings, parking area and swimming pool
contained within the area designated on the Site Plan as the
Golf Unit as well as exclusive use of the land so designated,
shall have exclusive use of the Golf Common Area and shall be
burdened by the responsibility to maintain the said Golf
Common Area as "open space" as more fully described herein
and in the Unit Deed conveying title thereto. ".
(b) Paragraph 3 in the definition of "Golf Common_
Area" the following sentence was deleted: "Said Golf Cormnon
Area is largely contained within the area designated on the
Site Plan as "Common Area, 62.47 Acres t By Planimeter.""
(c) Paragraph 14 contains an incomplete sentence
and is corrected by deleting said paragraph in its entirety
and substituting the following:
11 14. ENCROACHMENTS If any Unit, now or hereafter:,
encroaches upon any other unit or upon a portion of
the Common Areas and Facilities, or if any portion
of the Common Areas and Facilities, now or
hereafter, encroaches upon any unit as a result of
the alteration or repair of such building or unit,
the settling of a building, or a unit therein, as a
result of repair or restoration of a building or
any unit after damage by fire or other casualty, or
as a result of condemnation or eminent domain
proceedings, a valid easement for the encroachment
and the maintenance of the same shall exist so long
as the buildings stand."
(d) Paragraph 16(6) contains an erroneous
reference to paragraph 14 which should be paragraph 16.
E
(e) The numbers on paragraphs 16 "Termination" and
17 "Miscellaneous" on page 13 are hereby changed to read
paragraph 17 "Termination" and paragraph 18 "Miscellaneous ".
(f) Schedule A contains an error in the column
marked "Unit #" in that units are designated as 11 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15" and should be
designated "Al, A2, A3, A4, A5, A6, A7, A8, A9, A10, All,
Al2, A13, A14, and A15 ".
(g) Schedule A of the Master Deed contains another
error in the column marked "Residential Common Area ( %)" in
that the entry for Unit A15 is 11 6.965" and should be "6.865 ".
(h) Schedule B of the Master Deed contains an
error in the column marked "Phase IA Percentage (Residential
Area)" in that the entry for Unit A15 is 11 6.965" and should
be 11 6.865 ".
Corrected Schedules A and B are attached hereto and made a
part hereof.
(3) I prepared a certain document entitled Fairway
Village Declaration of Trust and By -Laws dated February 21,
1985 and recorded in the Hampshire County Registry of Deeds
in Book 2539, Page 243 (the "By- Laws ") and the aforesaid
By -Laws contain the errors described below which are hereby
corrected as indicated:
(a) On the first page, the third unnumbered
paragraph, sixth line, the word "or" between "organization"
and "unit owners" shall be "of" and the words "Master Deed"
in the fifteenth line should be followed by "(Schedules A and
B of said Master Deed)".
reference to "
urt" should be
(b) Article VII, Section 1 (page 20) should have
included the following sentence "Notwithstanding the
foregoing, the Board shall have no duty or right to maintain
the Golf Common Area, which duty and right shall be in the
owner of the Golf Unit and is more fully described in
paragraph 11(b) of the Master Deed. ".
the second sentence was omitted, the entir en ence
should read "Any such agre provide for termination
by either u cause and without payment of a
pi gee on ninety (9Q) days Ar-
are
(4) The foregoing corrections /relevant to the title to
certain land in (Leeds) Northampton which is more fully
described in Exhibit A to the Master Deed and will be of
3
benefit and assistance in clarifying the chain of title to
said land.
Timothy 'P . Mull barn
Subscribed and sworn to before me at Springfield,
Hampden County, Massachusetts, this 19th day of June,
1985.
4�c�
Notary Public
Robert H. Wilson
My Commission expires: 3 -11 -88
Now comes Richard C. Caparso, President and Treasurer of
Fairway Village, Inc. who acknowledges that he has read the
foregoing Affidavit, affirms that is true and accurate and
assents to the filing hereof in the Hampshire County Registry
of Deeds.
FAIR VIL E,
By .
—ZL
ichard C. Catparso,
President and Treasure
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss .
June 19 , 1985
Then personally appeared the above named RICHARD C.
CAPARSO, being the duly authorized President and Treasurer of
FAIRWAY VILLAGE, INC. who being by me duly sworn, did
acknowledge the foregoing instrument to be the free act and
deed of said FAIRWAY VILLAGE, INC. / before me.
-- Z/" -
Notary Public (Robert H. 4Jilson)
My Commission Expires: 3 -11 -88
04AffidavitMulhern
I_,.
2Br, 1�B, Fb
FAIRWAY
VILLAGE CONDOMINIUM
MASTER DEED
SCHEDULE A
LEGEND
Phase lA
"The Hillside"
L =
Living
Room
Fb = Full Basement
D =
Dining
Room
Lf = Loft
K =
Kitchen
B = Bath
Br =
Bedroom
Garage = a one car
garage is built
into each unit
Approximate
Residential
Unit
Living Space
Common
Common
Type
Unit
#
Area
(Sq. Ft.) Rooms
Area
Area M
Ax
Al
1462
L, D, K, Lf,
5.06
6.865
2Br, I�B, Fb
A
A2
1390
L, D, K, Lf
4.74
6.440
2Br, I�B, Fb
Ax
A3
1462
L, D, K, Lf,
5.06
6.865
2Br, 1�B, Fb
Ax
A4
1462
L, D, K, Lf
5.06
6.865
2Br, 12B, Fb
A
A5
1390
L, D, K, Lf,
4.74
6.440
2Br, I' B, Fb
A
A6
1390
L, D, K, Lf,
4.74
6.440
2Br, 1�B, Fb
Ax
A7
1462
L, D, K, Lf,
5.06
6.865
2Br, 1 % Fb
Ax
A8
1462
L, D, K, Lf,
5.06
6.865
2Br, I'B, Fb
A
A9
1390
L, D, K, Lf,
4.74
6.440
2Br, I�B, Fb
A
A10
1390
L, D, K, Lf,
4.74
6.440
2Br, 1�B, Fb
Inapplicable, for a description of the Golf Unit. See Sections 4, 5 and 8
of the Master Deed.
04SchedulesFairway
Approximate
Residential
Unit
Living
Space
Common
Common
Type
Unit #
Area (Sq.
Ft.)
Rooms
Area
Area ( %)
Ax
All
1462
L, D,
K,
Lf,
5.06
6.865
2Br,
1�B,
Fb
Ax
Al2
1462
L, D,
K,
Lf,
5.06
6.865
2Br,
12B,
Fb
A
A13
1390
L, D,
K,
Lf,
4.74
6.440
2Br,
1�B,
Fb
A
A14
1390
L, D,
K,
Lf,
4.74
6.440
2Br,
1�B,
Fb
Ax
A15
1462
L, D,
K,
Lf,
5.06
6.865
2Br,
1 %
Fb
Golf
Unit
26.36
0
Inapplicable, for a description of the Golf Unit. See Sections 4, 5 and 8
of the Master Deed.
04SchedulesFairway
FAIRWAY VILLAGE CONDOMINIUM MASTER DEED
Area
Unit
Unit
Name
Number
Type
Phase
1 -A Al
Ax
The Hillside
5.06
6.865
A2
A
5.06
A3
Ax
6.865
A4
Ax
4.74
A5
A
6.865
A6
A
4.74
A7
Ax
6.440
A8
Ax
5.06
A9
A
6.440
A10
A
5.06
All
Ax
3.4325
Al2
Ax
A13
A
A14
A
A15
Ax
Phase
1 -B B1
Bx
River
Bend
B2
B
B3
B
B4
Bx
B5
Ax
Phase 1
Percentage
(including
1 -A & 1 -B
Percentage)
(Common Area)
Phase IA
Phase IA
Percentage
Percentage
(Residential
(Common Area)
Area)
2.91
3.4325
5.06
6.865
4.74
6.440
5.06
6.865
5.06
6.865
4.74
6.440
4.74
6.440
5.06
6.865
5.06
6.865
4.74
6.440
4.74
6.440
5.06
6.865
5.06
6.865
4.74
6.440
4.74
6.440
5.06
6.865
Phase 1
Percentage
(including
1 -A & 1 -B
Percentage)
(Common Area)
Phase 1
Percentage
(including
1 -A & 1 -B
Percentage)
(Residential
Area)
2.91
3.4325
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
04SchedulesFairway
Phase 1
Phase 1
Percentage
Percentage
(including
Phase 1A
(including
1 -A & 1 -B
Area
Unit
Unit
Phase IA
Percentage
Percentage
(Residential
1 -A & 1 -B
Percentage)
g )
Percentage)
(Residential
Name
Number
Type
(Common Area)
Area
(Common Area)
Area)
B6
A
2.73
3.22
B7
A
2.73
3.22
B8
Ax
2.91
3.4325
B9
Ax
2.91
3.4325
B10
A
2.73
3.22
B11
A
2.73
3.22
B12
A
2.73
3.22
B13
Ax
2.91
3.4325
"The
C1
Bx
Overlook"
2.91
3.4325
C2
Bx
2.91
3.4325
Golf Unit
26.36
0
15.22
0
04SchedulesFairway