43-148 (4) _- 1
r
�
CITY OF NORTHAMPTON, MAS S.
August 3, 19 95
THE BOARD OF PUBLIC WORKS
The undersigned respectfully petiition your honorable body for
Permission to install driveway at 111 Whittier Street -9/
Fifteen (15) foot maximum width at the street line. Gutter drainage not to be
disturbed. All drainage shall be directed off the driveway surface to
adjacent land and not on the existing roadway. Driveway surface to be
paved if the grade of the proposed driveway exceeds 3% or more.
***This is a Common Driveway - See Driveway Permit 113 Whittier St. Lot 40
rarsons brook
By: („1/7/r, �
Edward P. Hamel'
155 Glendale Road, Southampton, MA
Proposed Location
Inspected by: ' %,i ^)
Gravel Base Grade
Inspected by:
Final Approval:
THE BOARD OF PUBLIC WORKS
Voted that petition be granted.
$25.00 Fee Paid ✓ 774_. -SiF
Samuel B. Brindis, P.E. , Director of Public Works
(SUBJECT TO ATTACHED CONDITION 1 & 2)
f
Conditions: Driveway Permit
In lieu of plan approved by City Engineer
I agree to the following added conditions:
1) I will contact the Department of Public Works and have
an inspector check and approve the graded gravel base
prior to paving to insure compliance with slope and
location;
2) I further agree that if in the inspections any of the
permit conditions are not met that I will at no expense
to the City remove and replace the driveway as directed
by the City Engineer.
By: :!&7'.',C!//2( ';4/771‘-4
Petitioner
NOTE: The Public Works Department recommends that you provide a
plan showing the proposed driveway with grades and location
in the future to avoid possible expense which you will incur
by not getting approval of actual plans in advance.
rg
Doc: 940015306 OR /4507/0115 06/30/1994 09:28 j r i `6' R
U U
it I AUG 2 2 I: F
COMMON DRIVEWAY EASEMENT AGREEMENT DEPT Df 3UlLD!FdG tPJWTIr}NS
AND DECLARATION OF MAINTENANCE COVENANTS ! NORTHAETO?V lv9r;OJD60
Property Address: Lot 40 and Lot 41
Parsons Brook Subdivision, Northampton, MA
INVESTMENT PARTNERS, INC. a Massachusetts Corporation with a
principle place of business at 1380 Main Street, Hampden County,
Springfield, Massachusetts, its successors and assigns, owner of Lot
Forty-One (41) and Edward P. Hamel and Mary M. Hamel, both of 155
Glendale Road, Southampton, MA, their heirs, successors, executors
and assigns, the owner of Lot Forty (40) , (the "Hamels") (hereinafter
jointly the "Declarants" and their respective properties together
referred to as the "Lots") , as shown and designated on a Plan
entitled " Definitive Subdivision of Land in Northampton,
Massachusetts prepared for Investment Partners, Inc. " prepared by
Almer Huntley, Jr. & Associates, Inc. , dated September 13 , 1989, and
recorded in the Hampshire County Registry of Deeds in Plan Book 166,
Page 72-80, in contemplation of the development of said Lots
Investment Partners, Inc. hereby declares and grants to the Hamels an
easement (the "Easement") to be located on said Lot Forty-One (41)
for the benefit of Lot Forty (40) for the purpose of installing,
locating, maintaining, replacing and patrolling: 1) wires, pipes and
associated structures for the purpose of providing water and other
usual utility services; and 2) a common driveway for access and other
such purposes for which a way to the several Lots may be used.
This Easement more particularly set forth in Exhibit "A"
attached hereto and made a part hereof shall be located within the
area hereinafter referred to as the "Easement Area" . The Easement
shall consist of a common driveway fifteen (15 ' ) feet in width
Doc: 940015306 OR /4507/0176 06/30/1994 09:28
together with the 5 ' X 25 ' turnout area as it is set forth in Exhibit
"A" hereto. The Easement Area shall be that space surrounding the
Easement and extending ten (10 ' ) feet from any Easement boundary.
Once the common driveway and turnout have been constructed, their
location shall remain fixed and shall not be relocated except by a
written amendment to this Easement Agreement executed by the owners
of the Lots and recorded in the Hampshire County Registry of Deeds.
Investment Partners, Inc. , by establishing this Easement and
Easement Area located on Lot Forty-One (41) intends that it be an
easement appurtenant to Lot Forty (40) ; that it shall run with the
land upon its conveyance; and that the Easement shall remain in
existence even in the event that both parcels come under common
ownership unless the common owner thereof records a declaration
otherwise in the aforesaid Registry of Deeds.
This perpetual Easement shall contain the non-exclusive right
and obligation by the owners of the Lots to enter the entire Easement
Area, to excavate, lay, construct, maintain, replace and rebuild the
common driveway and turnout located within the Easement Area. It
shall be the responsibility of the owner(s) to maintain the common
driveway in a good serviceable condition, this requirement shall
include but be not limited to the removal of leaves, debris,
accumulations of snow and ice such that the common driveway shall at
all times provide safe vehicular and pedestrian travel and access to
the Lots. This requirement shall not apply to the grantor herein,
Investment Partners, Inc. , while it owns Lot Forty-One (41) , but
2
• Doc: 940015306 OR /4507/0177 06/30/1994 09:28 1!
shall be immediately binding and effective upon the subsequent owner
thereof upon its conveyance.
It is the intention of the Declarants that the routine
maintenance of the common driveway be performed in neighborly good
faith by the owners of the Lots with each lot owner bearing one half
of the actual cost of such reasonable maintenance as determined
between respective owners. Notwithstanding the preceding and in the
event either the Lot Forty (40) or Lot Forty-One (41) owner refuses
to bear their fair share of the actual maintenance and/or restoration
expenses incurred, excluding those for utility installation and
maintenance purposes, but concerning the common driveway or turnout,
the other Lot owner may undertake and have performed such work as may
be reasonably required to restore the common driveway, turnout and
Easement Area to its prior condition and shall be entitled to bring
an action for contribution, including all costs and attorneys fees of
the non-breaching party against the non-cooperating lot owner in any
court of competent jurisdiction within the Commonwealth. To the
extent that wires, water lines, other utilities and their associated
structures are located with the Easement Area, the owner of each lot
shall be solely responsible for all costs associated with the
installation and subsequent maintenance and repair of those utility
lines, pipes and wires serving each respective lot as well as the
affected portions of the common driveway.
The Declarants, their respective successors, heirs, executors
and assigns as the case may be shall make no other use of the
Easement Area which would interfere with the exercise of the rights
3
Doc: 940015306 OR /4507/0178 06/30/1994 09:28
conveyed herein. The owners of the Lots shall not erect any
permanent structures nor shall there be permitted any permanent
plantings within the Easement Area which shall, at any stage of
present or future growth, interfere with safe passage on the driveway
or with the overall ingress/egress to or from the Lots. Any
undertaking for repair and/or replacement of the common driveway
within the Easement area shall include the replacement of any and all
surface material damaged or altered during the exercise of the rights
conveyed hereunder and shall include the restoration and repair of
any excavation to the grade and condition existing immediately prior
to the work being undertaken.
For title reference see:
Lot 41: Book 3358 , Page 89
Lot 40: 1994 Document Number: J530. .
8k. 4/5o7 —py. /7/
IN WITNESS WHEREOF, Investment Partners, Inc. has caused these
presents to be executed as a sealed instrument and delivered thisA
day of e 1994 .
INVESTMENT PARTNER INC.
By
fitness G
David it
t � filidAR-e
Its e• ident and Treasure
4
' Doc: 940015306 OR /4507/0179 06/30/1994 09:28
Witness our hands and seals this v�9 _ day of June 1994 .
i
4delei-...9i-
Witness Edward P. Hamel -
. aLl„„Ax___
Witness Ma P. +mel
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. June (' , 1994
1
Then personally appeared th= above amed David A. Shrair,
President and Treasurer of nvestm-i Partners , Inc-;• :-.and
acknowledged the foregoing instrument to 4,* • ea act and . deei,
before me,
) Notary bublic •
My Co n iss- N0 'wria0.- e_ ; LS,Notary Public
•• -•• ,on Expires April 6, 1995
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. June c , 1994
Then personally appeared the above named Edward P. Hamel and
Mary P. Hamel and acknowledged the foregoing instrument to be his
free act and deed, before me,
lej C:=7; ----
Notary Public
w .ri,. .....,,, , My Commission Expires: � , /&/ a00,
DEPT OF BUILDING INSPECIONS
NORTHAMPTON MA 01060
00106461
5
1
. . EXHIBIT A : 940015306 OR /4507/0180 06/30/1994 09:28
Common Driveway Easement
Over Lot 41 For The Benefit of Lot 40
•/
� /.
\
\ \ J) f.1!1121 >
\ \ ,-Aq---/
riI /� y
>
�: -
r . o
Lot 40 tr
.'4-,q:
15t,J,
Oe
' 4)/),
1'4 Turnout - 5' X 25'
jr
;".‘
(( \ \
\ 11/1#7 ----\ ,
----- 1 /l&? ST ,
Note: Sketch is not to scale. The Easement is 15'
wide, except for the Turnout which adds 5' in width
over its 25' length. The Easement Area is that area
which includes the Easement and extends around
the Easement io' in all directions.
ATTEST: RAMPSHIRE. fileilti" REGISTER
IINZE✓ L. DODIQHUF