32A-255(1) (2) (THL FOLLOWING IS NOT A PART OF TIIL DEED, AND IS NOT TO BE RECORDED.)
CHAPTER 183, SECTION 11, GENL:RAL LAWS
A deed in substance following the form entitled "Quitclaim Deed" shall when duly executed 11,ave the
force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with cov-
enants on the part of the grantor, for himself, his heirs, executors, administrators and successors, with the
grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free
from all encumbrances made by him, and that lie will, and his heirs, executors and administrators shall, warrant
and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of
all persons claiming by,through or under the grantor, but against none other.
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KNOW ALL MEN BY THESE PRESENTS that
the COUNTY COMMISSIONERS OF HAMPSHIRE COUNTY,
acting in the name of and on behalf of the Inhabitants of Hampshire County,
of Hampshire County, Massachuc
in consideration of ONE DOLLAR ($1 .00) and other valuable consi.der-a ion pair
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grant to HOTEL NORTHAMPTON CONDOMINIUM TRUST
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of King Street, Northampton,
with quttrluittt ruuratttnt,� Hampshire County
that
unto itself, its successors, assigns and invitees a temporary
easement for the purpose of constructing improvements thereon,
which improvements shall include and be limited to an addition to
the present so-called Wiggins entrance to the Hotel Northampton,
further to improve and use the hereinafter described parcel of
land for the purpose of placing tables, chairs and awnings
thereon and to conduct an outdoor sidewalk cafe.
The above described easement shall be limited to that
parcel of land shown on a plan of land.' entitled "Plan of Proposed
Easement in Northampton, Massachusetts" prepared for Hotel
Northampton Condominium Trust by Almer , Huntley, Jr. and
Associates, Inc. dated June 24 , 1987 and to be recorded in the
Hampshire County Registry of Deeds. Said parcel is more
particularly bounded and described as follows:
Commencing at a point on the Southwesterly side of King
Street, also known as Routes 5 and 10 , in Northampton, Hampshire
County, Massachusetts at land formerly of The Rostoff Development
Group, now of Hotel Northampton Condominium Trust, said point
being the most Northerly corner of the parcel herein described,
thence turning and running South 300 30 ' 54" East a distance of
47 .00 feet along said Southwesterly side of King Street to a
point at land of the Inhabitants of Hampshire County, thence
turning and running South 560 37 ' 43" West a distance of 58 . 95
feet to a point, thence turning and running North 540 15 ' 45"
West a distance of 22. 00 feet to a point, the last, two courses
and distances being along said land of the Inhabitants of
Hampshire County, thence turning and running North 350 44 ' 15"
East a distance of 74. 00 feet along other land of I3otel
Northampton Condominium Trust to the point of beginning.
Containing 2 ,198 square feet of land more or less.
The above-mentioned improvements connected with the
sidewalk cafe shall be limited to those shown on a certain plan
,Pr@PLIKO by Mgtgal€a fi__T-Lorne,-Ar.G - testa; dated as of July 7,
1987 and on file in the office of The Hampshire County
Commissioners.
The above-mentioned improvements connected with the
addition to the present so-called Wiggins entrance to the Hotel
Northampton shall be limited to those shown on a certain plan
prepared by Metcalfe & Thorne, Architects, under revision date of
July 10 , 1987 and on file in the office of The Hampshire County
Commissioners.
This temporary easement will terminate one year from the
date hereof or upon faiure of the Grantee to fulfill its
obligations contained in a certain letter agreement dated July
16 , 1987 , whichever shall occur first.
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Executed as a sealed instrument this day of July 1967
NTY COMMISSIONERS OF HAMPSHIRE COUNTY
.
By: a M. s ` --
— -- —
N. Dineen" �
aL Lewis Sackrey
Olt CKommonivaltltof fin.5 chnettg
Hampshire ss. 6 �'� July 19 8'7
Then personally appeared the above named Patrick M. Goggins, Paul R. Dineen,
and .Pat Lewis Sackrey
a:ad acknowledged the foregoing instrument to be their ee et an deed,
Before me, -
o ry ii " JUSti of the Pence
My e nunission expires Y IA /
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HOTEL NORT{••-1Afl PTON CONDOMMUM TRUST
36 Kind Street
Northampton, Massachusetts 01060
July 15, 1987
CCU'1TY C0.'';•1iSSI0NERS O- HA,'•',r'Sri1RE COUNTY
c/o Hampshire County Courthouse
99 Main Street
Northampton, MA 01060
Dear Members of the Hampshire 'Ccunty Commission:
in connection with your grant of a temporary easement to the undersigned
for the purposes of permitting the undersigned to construct certain improvements
upon and to use certain property belonging to the inhabitants of Hampshire Count;,
the undersigned agrees as follows:
1. The Hotel Northampton Condominium Trust agrees to hold the Inhabitants
of Hampshire County and/or the County Commissioners of Hampshire County harmless
from and against any and all claims, actions, causes of action, damages or losses,
which said inhabitants and/or said Commissioners incur as a result of the exercise
by Hotel Northampton Condominium Trust, its successors, assigns or invitees cr
its rights under a certain temporary easement dated July 16, 1987, granted in
favor of the Hotel Northampton Condominium Trust.
2. The undersigned shall obtain and maintain during the term of th=
aforementioned temporary easement all risk and liability insurance with respect
to the exercise of its rights under said temporary easement.
. The undersigned agrees that upon termination of the aforesaid temporary
easement, the undersigned shall restore the land described in said temporary easement
to its original condition, if the County Commissioners so require.
The undersigned acknowledge and understand that the grant of the temporary
easement is for a one-year period, or if earlier terminated by reason of a breac',
of the undersigned of any obligation contained in this letter.
In the meantime, the undersigned shall formally petition the County
Commissioners to lease that land described in said temporary easement.
HOTEL NORTHAMPTON CONDOMINIUM TRUST
I D S ,,, K
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BROWNELL, GLISERMAN, WASHBURN,
GERVAIS & KAPLAN
ATTORNEYS AT LAW
8 CRAFTS AVENUE
NORTHAMPTON, MASS. 01060
413-584-7271
WILLIAM H. BROWNELL (1917-1984)
SAUL GLISERMAN
TIMOTHY F. WASHBURN
ERIC B. GERVAIS
DAVID R. KAPLAN* July 17 , 1987
JOSEPH A. NICASTROt
LYNN M. TRUSWELL
`also admitted in New York
talso admitted in New Hampshire
HAND DELIVERED
Mr. Theodore Tewhill
Building Inspector
City of Northampton
212 Main Street
Northampton, MA 01060
Re: Hotel Northampton/Coolidge Park
Dear Ted:
This letter responds to your inquiry with regard to the
activities to be conducted by the Hotel on a portion of land belonging
to Hampshire County within Coolidge Park.
The Hotel intends to set up tables and chairs on two patios,
one directly above and the other below the entrance to the Wiggins
tavern. Awnings will be placed at the tables, and patrons of the
Hotel will be served food and beverages from the adjacent restaurant.
There will be no outdoor cooking of food nor any other activities.
The theme created will be that of an outdoor cafe.
If I can be of any further assistance to you with regard to
this matter, please don' t hesitate to contact me.
You s very truly,
uric B. Gervais
EBG/and
cc: Mr . Darryl Clarke