EWLLC80 City of Northampton Deed to Emerson Way LLC REVISED 092320Affected Premises:
Burts Pit Road
Northampton, Massachusetts
QUITCLAIM DEED
THE CITY OF NORTHAMPTON, a Massachusetts municipal corporation whose address is 210 Main Street, Room 11, Northampton, Massachusetts, 01060
for consideration paid and in full consideration of ONE HUNDRED TEN THOUSAND and 00/100 DOLLARS ($110,000.00)
grant to EMERSON WAY, LLC, a Massachusetts Limited Liability Company, with a principal place of business located at 150 Main Street, Suite 310, Northampton, Massachusetts 01060
with QUITCLAIM COVENANTS,
Four parcels of vacant the land located on the northerly side of Burts Pit Road in Northampton, Hampshire County, Massachusetts, and shown as Lot 3 (.23 acres), Lot 4 (.39 acres), Lot
6 (.39 acres) and Lot 8 (.39 acres) on a plan of land prepared by the Berkshire Design Group, Inc., dated July 28, 2020, and recorded in the Hampshire County Registry of Deeds in Plan
Book 247, Page 95.
All of the above lots are conveyed together with and subject to the provisions of a Special Permit (PLN-2017-0035) dated June 9, 2017, and recorded in said registry in Book 12672, Page
179, as amended by a Site Plan Amendment dated October 24, 2019, and recorded in Book 13464, Page 72.
Lots 3, 4 and 6 are conveyed together with and subject to the common driveway, drainage and utility easements shown on said plan. Said lots are also subject to the provisions of the
aforementioned permit regarding the requirements for the recording of easement and maintenance agreements prior to the issuance of building permits.
Lot 8 is conveyed subject to the drainage easement shown on said plan and together with the common driveway, utility and drainage easements shown on said plan. Said lot is also subject
to the provisions of the aforementioned permit regarding the requirements for the recording of easement and maintenance agreements prior to the issuance of building permits.
Reserving for the benefit of the said Lot 3, a 5,548 square foot drainage easement on the said Lot 6 and a 2,752 square foot drainage easement on the said Lots 6 and 8 (collectively,
Drainage Easement 1). If the owner of Lot 3 causes the degradation of the stormwater management system located on Lots 4, 6, and/or 8 by the owner’s failure to maintain vegetative cover
or by dumping landscape materials/grass clippings/leaves or other yard debris into or onto Lots 4, 6, and/or 8, the owner shall be liable for any damage caused to the said system located
on Lots 4, 6, and/or 8. Said owner shall also be liable for any damages caused by the discharge of toxic or hazardous materials into or onto Lots 4, 6, and/or Lot 8 from their respective
lots.
Reserving for the benefit of Lots 5, 7 and 9 on said plan a 5,547.7 square foot drainage easement on Lot 6 and a 2,752.0 square foot drainage easement on Lot 8 as shown on said plan.
If the owners of Lots 5, 7 and 9 cause the degradation of the Stormwater Drainage Area on Lots 6 and/or 8 by their failure to maintain vegetative cover or by dumping landscape materials/grass
clippings/leaves or other yard debris into or onto Lots 6 and/or 8, they shall be liable for any damage caused to the detention area located on Lots 6 and/or 8. Said owners shall also
be liable for any damages caused by the discharge of toxic or hazardous materials into or onto Lots 6 and/or Lot 8 from their respective lots.
Lots 4, 6, & 8 are conveyed subject to an Affordable Housing Deed Rider, dated September _____, 2020, and recorded simultaneously herewith.
All of the above lots are conveyed subject to a Stormwater Management Operation, Maintenance, and Inspection Agreement, dated September _____, 2020, and recorded simultaneously herewith.
For Grantor's authority to convey, see Order of City Council, dated August 16, 2016, a copy of which is attached hereto as Exhibit "A"; A Request for Bids, attached hereto as Exhibit
B, Evidence of RFP Publications, attached hereto as Exhibit C, and a Purchase and Sale Agreement, dated February 14, 2019, attached hereto as Exhibit D, and all of which are made a part
hereof.
Being a portion of the premises described in the deed of Tofino Associates, LLC, to the City of Northampton dated June 23, 2017, and recorded in Hampshire County Registry of Deeds in
Book 12660, Page 169.
Executed as a sealed instrument this _______ day of ___________________, 2020.
THE CITY OF NORTHAMPTON
By: _________________________________________
David J. Narkewicz, Mayor
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF HAMPSHIRE
On this _______ day of _____________________, 2020, before me the undersigned notary public, personally appeared DAVID J. NARKEWICZ, and proved to me through satisfactory evidence of
identification, which was personal knowledge of the signatory's identity, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily for its stated purpose, as the Mayor of the City of Northampton, Massachusetts.
_________________________________________
Notary Public: _____________________________
My Commission Expires: ____________________