The First Church of Christ in NorthamptonBOUNDARY LINE AGREEMENT AND EASEMENT
Boundary Line Agreement made this ___ day of October, 2003 by and between the CITY OF NORTHAMPTON, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts,
having a principal business address of City Hall, 210 Main Street, Northampton, Hampshire County, Massachusetts 01060, (hereinafter referred to as CITY) and THE FIRST CHURCH OF CHRIST
IN NORTHAMPTON, with an address at 129 Main Street, Northampton, Hampshire County, Massachusetts, (hereinafter referred to as FIRST CHURCH),
WHEREAS the CITY is the owner of the Main Street and Center Street street layouts, Northampton, Hampshire County, Massachusetts, being a portion of the current or former street layout
for Main Street and shown on a certain plan entitled “Plan of Land in Northampton, Mass. Belonging to The First Parish of Northampton, Northampton, Mass.,” dated October 4, 1955, which
plan is recorded in the Hampshire County Registry of Deeds in Plan Book 47, Page 72 and shown on a certain plan entitled “Plan showing Land and Buildings between Gothic and Center Streets
near Main Street” dated March 30, 1908, which plan is recorded in the Hampshire County Registry of Deeds in Book 629, Page 150; and
WHEREAS FIRST CHURCH is the owner of property at 129 Main Street, Northampton, Hampshire County, Massachusetts, with Grantors rights to said parcel contained in a deed recorded in the
Hampshire County Registry of Deeds in Book 1551, Page 224.
WHEREAS Huntley Associates, P.C, has done a survey entitled “PLAN OF EASEMENTS IN NORTHAMPTON, MASSACHUSETTS PREPARED FOR THE CITY OF NORTHAMPTON”, dated December 27, 2002 and recorded
at the Hampshire County Registry of Deeds at Plan Book 195, Page 26, of a rectangular portion of the CITY and FIRST CHURCH properties consisting of 2,328 square feet of land, more or
less, shown as “EASEMENT AREA I, 2328 SQ. FT.±” dated December 27, 2002, and further described as follows:
Beginning at a point at the northerly intersection of the sidewalk on the northwesterly side of Main Street and the sidewalk on the northeasterly side of Center Street;
Thence running N 58º11’00” W 15.38 feet along the northeasterly side of Center Street sidewalk to a point;
Thence running N 38º04’30” E 90.69 feet along property now or formerly of the “First Church” to a point;
Thence running S 52º38’20” E 36.66 feet along other property of the City of Northampton to a point;
Thence running S 51º30’30” W 91.99 feet along the northwesterly side of the Main Street sidewalk to the point of beginning;
Please return to:
Wayne Feiden
Northampton Office of Planning and Development
210 Main Street, Room 11
Northampton, MA 01060
WHEREAS the said parties hereto are uncertain as to the location of their common boundary line between their respective parcels, which date back to the early settlement of Northampton,
and whereas the said parties are desirous of establishing a fixed boundary line; and
WHEREAS the said parties have delineated a property boundary believed to be accurate based on historical photographs, street layouts, surveys, monumentation, and current occupation;
and
NOW THEREFORE IN CONSIDERATION OF THE EASEMENT CONTAINED HEREIN, FIRST CHURCH hereby release and convey, without covenants, to the CITY as grantee, the land at the intersection of Main
Street and Center Street, Northampton, Hampshire County, containing 2,328 square feet of land, more or less, shown as said “EASEMENT AREA I, 2328 SQ. FT.±” on the aforementioned plan
and, except as contained in the easement below, quitclaim all their right, title and interest to this aforementioned EASEMENT AREA I, if any, and, further, FIRST CHURCH releases the
CITY from any damage claim that they might have for any past, present, or future eminent domain taking of the underlying fee.
In consideration, the CITY grants FIRST CHURCH, its successors and assigns, an easement to use and maintain said “EASEMENT AREA I, 2328 SQ. FT.±” in accordance with the following terms:
The CITY and FIRST CHURCH mutually agree that notwithstanding any language to the contrary, the CITY expressly maintains the right, at its sole discretion, to construct, maintain, repair,
replace the granite bench, concrete pad and semi-circular brick area (hereinafter known as the “ART KIOSK AREA”) located partially on the easterly corner of the EASEMENT AREA I and shown
on the aforementioned plan and make any changes it deems appropriate, in its sole judgment, within the ART KIOSK AREA currently developed for these purposes, including but limited to
construct, maintain, repair and replace benches, seats, kiosk, public art, pavement and other similar open air facilities for park purposes therefore consistent with M.G.L. Ch. 21, §17C
and further the CITY expressly agrees NOT to expand the boundaries of said ART KIOSK AREA within said EASEMENT AREA I.
The CITY and FIRST CHURCH mutually agree that notwithstanding any language to the contrary, the CITY expressly maintains the right for the inhabitants of the City of Northampton and
for the general public to pass and repass, on foot and to use the EASEMENT AREA I for the park purposes, subject to any CITY regulations or ordinances, without imposition of a charge
or fee and therefore consistent with M.G.L. Ch. 21, §17C and Article 97 of the Articles of Amendment to the Constitution of Massachusetts.
FIRST CHURCH shall maintain EASEMENT AREA I, excluding the ART KIOSK AREA as an open air park and shall, subject to the requirement, if any, for Shade Tree Hearings before removing public
Shade Trees within the public right-of-way, be solely responsible for planning, maintaining, repairing, and replacing any of the design, walkway, or landscape elements of the park and
to clear the walkway from Main Street to FIRST CHURCH’S property of snow. The CITY expressly agrees that the right of this EASEMENT AREA I includes the right to repair the granite
wall, repair and replace steps, install handicap ramps, and install lighting consistent with the public use of EASEMENT AREA I as a park and FIRST CHURCH’S use of the EASEMENT AREA I
for the public to congregate to provide access to the FIRST CHURCH’S property.
Neither the CITY nor FIRST CHURCH shall construct any building or any other structure inconsistent with the use of the EAEMENT AREA I as an open air park.
The CITY and FIRST CHURCH shall have the right to enforce this agreement by appropriate legal proceeding and to obtain injunctive and other equitable relief against any violations, including,
without limitation, relief requiring restoration of the EASEMENT AREA I or the ART KIOSK AREA, as the case may be, to its condition prior to the time of the injury complained of (it
being agreed that the CITY and FIRST CHURCH may have no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available.
(Signatures on next page)
In witness whereof, we have executed the foregoing instrument this ___ day of October, 2003.
City of Northampton (CITY):
____________________________________
Mayor Mary Clare Higgins
The First Church of Christ in Northampton (FIRST CHURCH):
______________________ ___________________________________
Merle Taylor, Moderator Peter P. Ives, Minister
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. October ____, 2003
Then personally appeared the above named Mary Clare Higgins and acknowledged the foregoing instrument to be her free act and deed and the act and deed of the City of Northampton, as
authorized by City Council Resolution of July 3, 2003, before me.
_______________________________
Wayne M. Feiden, Notary Public
My Commission Expires: December 4, 2009
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss. October ____, 2003
Then personally appeared the above named Merle Taylor, as Moderator, and Peter P. Ives, as Minister, and acknowledged the forgoing instrument to be their free act and deed before me
and the free act and deed of The First Church of Christ in Northampton, as authorized by a vote of Trustees thereof of October _______, 2003, before me.
.
____________________________________
Notary Public
My commission expires_______________
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