EASEMENT-Tofino-Mineral Hills Greenway-MERGED with greenwayEASEMENT
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Recorded: 01 /18/2007 01 :03 PM
The undersigned, TOFINO ASSOCIATES, INC., a Massachusetts corporation, of 31
Campus Plaza Road, Hadley, Massachusetts, and its successors and assigns ("Grantor"),
in consideration of One Dollar ($1.00), the receipt of which is hereby acknowledged,
GRANTS, to the CITY OF NORTHAMPTON, City Hall, 210 Main Street,
Northampton, Massachusetts 01060, and its successors and permitted assigns,
("Grantee") in perpetuity the following described EASEMENT, to be managed and
controlled by the Conservation Commission, on a parcel of land located in the City of
Northampton, Hampshire County, Massachusetts described in Exhibit A, attached hereto
and made a part hereof (the "Premises").
This conveyance creates no new property boundaries.
For Grantors' title, see deed recorded at the Hampshire County Registry of Deeds at
Book 5842, Page 161.
1. The Grantor grants to the Grantee and their representatives and agents, but not the
general public, the right to enter the Premises at reasonable times and in a reasonable
manner for the purpose of inspecting the same to determine compliance herewith.
2. The Grantor further grants to the Grantee, its inhabitants and the general public an
easement to pass and repass during daylight hours, on foot, upon walking trails on the
above referenced Premises for the purposes of walking, transit, and nature study.
3. The Grantor further grants to the Grantee and their representatives and agents the
right to build, maintain, repair, and replace walking trails on the Premises.
4. The Grantor reserves the right to construct, maintain and replace, as needed, roads,
driveways and utilities across the Premises, and the right to otherwise use and
develop the Premises in any manner that does not materially interfere with the
easement granted herein.
' .
In Witness Whereof, this 17th day of January, 2007.
WITNESS: TOFINO ASSOCIATES, INC.
CJ
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this \l~ day of January, 2007, before me, the undersigned notary public,
personally appeared DOUGLAS KOHL, proved to me through satisfactory evidence of
identification which was kMKtA. ~ r~-~~ ' to be the person
whose name is signed on the preceding document, and ackllOiedged to me that he
signed it and voluntarily for its stated purpose as President of Tofino Associates, Inc ..
EXHIBIT A
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TURKEY
SKETCH or EASEMENT
NORTHAMPTON, MASSACHUSETTS
PREPARED FOR
TOFINO ASSOCIATES
'" 200
,.,
JOB NO: THR CASE J4N 12. 2007
SCALE: SHffT I OF 1
100'\
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'&" ~\ WALKING EASEMENT ·\J,y 5.064 ACS±
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--~i---450~00-;------~ N sa1:.~~·w ----s ------------~
643_35 ,--------.• ....... .... e
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646.7J'
72. 0 78 ACRES±
ANDREW CHAMBERS
DONNA CHAMBERS
BOOK 271.J PAGE 58
NORMAN S. PERR
JO ANNE M. BESS£TTE
BOOK J747 PAGE 271
Pl.AN BOOK 162 PAGE 91
LOCUS REFERENCE
ANDREW CHAMBERS
DONNA CHAMBERS
BOOK 27/J PAGE 58
PLAN BOOK 109 PAGE 86
BOOK 5448 PAGE 95
PLAN BOOK 184 PAGE 25
CONSERVATION COMMISSION
CITY OF NORTHAMPTON
BOOK 4570 PAGE 97
RICHARD C. WHITING, JR.
80()J( 5020 PAGE 94
PLAN BOOK 161 PAGE 2
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Recorded: 01 /18/2007 01 :03 PM
CONSENT AND SUBORDINATION OF MORTGAGE
TO EASEMENT
BENEDICT M. KOHL, holder of a mortgage from TOFINO ASSOCIATES, INC., dated
August 22, 2006 and recorded with the Hampshire County Registry of Deeds on August 24, 2006
in Book 8850, Page 154, hereby consents to an Easement granted by TOFINO ASSOCIATES,
INC. to THE CITY OF NORTHAMPTON, a Massachusetts municipal corporation, dated
January 12, 2007 and recorded herewith in the Hampshire County Registry of Deeds, and
subordinates said mortgage to the foregoing Easement granted to THE CITY OF
NORTHAMPTON with the same force and effect as ifthe foregoing Easement had been
executed, delivered and recorded prior to said mortgage.
///
WITNESS the execution hereof under seal this /6 day of January, 2007
BENEDICT M. KOHL
STATE OF NEW JERSEY
~f'i c ()1 t/\_lu , SS.
On this /LQ ~day of January, 2007, before me, the undersigned notary public, personally
appeared BENEDICT M. KOHL, known to me through personal knowledge of identity/proved to
~ through s~ evidence of identification, which was
· ' cl, h. vu ,bo ' , to be the person whose name is signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose.
~~~L
Notary Public
My Commission Expires:
CHARLENE RAE STEVENSON
A Notary Public Of New Jersey
~~s April 29, 2007
ATTEST: HAMPSHIRE, . !/J~~EG!MBlt
MARIANNE L. DONOHUE
/
'· · \ 1~111111u11111m11
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Recorded: 01/18/2007 01 :03 PM
CONSENT AND SUBORDINATION OF MORTGAGE
TO EASEMENT
BENEDICT M. KOHL, acting individually and as representative of J.B. Hanauer & Co.,
the Trust ulw/o Louis Kohl, Article FIFTH, the Trust ulw/o Louis Kohl, Section 9.2, and the
Benedict M. Kohl Family Trust ult/a dated 1/4/65, the holder of the following mortgages:
1. Mortgage from Andrew Chambers and Donna Chambers to Household Finance
Corporation Il, dated March 8, 1990 and recorded with the Hampshire County
Registry of Deeds on March 9, 1990 in Book 3529, Page 304; assigned to the
present holder by Assignment of Mortgage dated January 21, 2000 and recorded
as aforesaid in Book 5881, Page 10; and
2. Mortgage from Andrew L. Chambers and Donna N. Chambers to Heritage, NIS
Bank for Savings, dated January 13, 1989 and recorded with the Hampshire
County Registry of Deeds on January 19, 1989 in Book 3320, Page 296; assigned
to the present holder by Assignment of Mortgage dated January 21, 2000 and
recorded as aforesaid in Book 5881, Page 9,
hereby consents to an Easement granted by TO FINO AS SOCIA TES, INC. to THE CITY OF
NORTHAMPTON, a Massachusetts municipal corporation, dated January 12, 2007 and recorded
herewith in the Hampshire County Registry of Deeds, and subordinates said mortgages to the
foregoing Easement grant~d to THE CITY OF NORTHAMPTON with the same force and effect
as if the foregoing Easement had been executed, delivered and recorded prior to said mortgages.
"" WITNESS the execution hereof under seal this /(, day of January, 2007
BENEDICT M. KOHL, Individually and
Representative of J.B. Hanauer & Co., the Trust
ulwlo Louis Kohl, Article FIFTH, the Trust ulw/o
Louis Kohl, Section 9.2, and the Benedict M. Kohl
Family Trust ult/a dated 1/4/65
STATE OF NEW JERSEY
~~,SS.
On thiS/:[day of January, 2007, before me, the undersigned notary public, personally
appeared BENEDICT M. KOHL, known to me through personal knowledge of identity/proved to
~ t~&h s~ti~factory evidence of identification, . w~ich was
6 MO id.\ ), t Q/\..A si. -. , to be the person whose name 1s signed on the
preceding document, and acknowledged to me that he signed it voluntarily for its stated purpose
Individually and Representative of J.B. Hanauer & Co., the Trust u/w/o Louis Kohl, Article
FIFTH, the Trust u/w/o Louis Kohl, Section 9.2, and the Benedict M. Kohl Family Trust ult/a
dated 1/4/65.
Notary Public
My Commission Expires:
CHARLENE RAE STEVENSON
A Notal)' Public Of New Jersey
My Commission Expires April 29, 2007
ATTEST: HAMPSHIRE, PIJ-~EGISTER
MARIANNE L. DONOHUE