34-036 (20) • Bk: 09064 Pg: 298
Being a portion of the premises conveyed to the grantor by deed of James F. Wzorek,Sr. and
Christine Wzorek, dated December 18, 1986,and recorded in the Hampshire Registry of Deeds
in Book 2875,Page 165.
Executed as a sealed instrument this /34 day of March, 2007.
JEDORO Y,INC.
Witness onald K. Dahle
President and Treasurer
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
0-
On this day of March,2007,before me the undersigned notary public, personally
appeared RONALD K.DAHLE,President and Treasurer of JEDORON REALTY,INC.,
and proved to me through satisfactory evidence of identification,which was [ ] Driver's
Licenses [ x ] Personal knowledge of the signatory's identity[ ] Other:
,to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntaril behalf of Jedoron Realty, Inc.
for its stated purpose.
Not ublic
My Commission Expires:
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ATTEST:BAWSHME. (}i8T8R
MARtaM L. DONOHUE
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Together with a drainage easement on Lot 1 as shown on the lot plan,which easement is shown
as"Drainage Easement D-1"on the easement plan to be recorded herewith. The Grantee herein,
its successors and assigns, shall be solely responsible for the construction,maintenance,repair
and replacement of any stormwater management facilities located within the easement area, and
for compliance with all federal, state and local laws, statutes, regulations, and ordinances relating
thereto.
Together with a drainage easement on Lot 2 as shown on the lot plan,which easement is shown
as"Drainage Easement D-2"on the easement plan to be recorded herewith. The Grantee herein,
its successors and assigns, shall be solely responsible for the construction,maintenance,repair
and replacement of any stormwater management facilities located within the easement area, and
for compliance with all federal, state and local laws, statutes,regulations, and ordinances relating
thereto.
Reserving to the Grantor, its successors and assigns for the benefit of Lot 2 as shown on the lot
plan, a drainage easement, which easement is shown as"Drainage Easement D-3"on the
easement plan to be recorded herewith. The Grantee herein, its successors and assigns,shall be
solely responsible for the construction, maintenance,repair and replacement of any stormwater
management facilities located within the easement area,and for compliance with all federal, state
and local laws, statutes, regulations, and ordinances relating thereto.
Reserving to the Grantor,its successors and assigns for the benefit of Lots 1 and 2 as shown on
the lot plan, an easement on,over and under Lot 3 for access by foot or vehicle over the common
access way to be constructed thereon, for drainage associated with such access way, and for the
installation,maintenance, repair and replacement of utility lines. Such easement is shown as
"Easement 2"on the easement plan to be recorded herewith. Such easement shall be used for
the purposes for which public ways are used in the City of Northampton. The owners of Lots 1
and 2 shall be solely responsible for the maintenance and repair of the access way pursuant to a
Common Driveway Maintenance Agreement to be recorded herewith.
Reserving to the Grantor, its successors and assigns, a temporary access easement over Easement
2 as shown on the on the easement plan to be recorded herewith for the benefit of the remaining
land of the Grantor located northerly of Turkey Hill Road. Such temporary easement shall expire
on August 31,2007.
This deed does not constitute a transfer of substantially all of the assets of the Grantor.
In accordance with Special Condition 18 of the Amended Order of Conditions issued by the
Northampton Conservation Commission, dated June 13,2002 and recorded in the Hampshire
Registry of Deeds in Book 6728,Page 89, the Grantor hereby gives the following notice:
This property is subject to the Northampton Wetlands Protection Ordinance and/or
Wetlands Protection Act. Any construction or maintenance work performed on this
property requires an Order of Conditions,and/or a Determination of Applicability from
the Northampton Conservation Commission.
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Recorded: 03/13 12007 03:28 PM
Affected Premises:
Turkey Hill Road,Northampton
QUITCLAIM DEED
KNOW ALL BY THESE PRESENTS
that JEDORON REALTY,INC.,a corporation organized under the laws of the State of
Connecticut with principal offices in Farmington, Connecticut,
for consideration paid and in full consideration of THREE HUNDRED THOUSAND and
00/100 DOLLARS ($300,000.00)
grants to 636 ASSOCIATES CONSTRUCTION MANAGEMENT,INC.,a corporation
organized under the laws fo the State of Connecticut with principal offices at 2 Gordon Street,
Simsbury, Connecticut,
with QUITCLAIM COVENANTS,
the land in Northampton,Hampshire County,Massachusetts, containing 3.1292 acres,more or
less, and shown as Lot 3 on a Plan of Land in Northampton, Massachusetts,Prepared for Jedoron
Realty, Inc.,dated June 11,2006,by Holmberg&Howe,Inc.,Land Surveyors and Civil
Engineers,which plan is recorded in the Hampshire Registry of Deeds in Plan Book 211,Page 12
("the lot plan").
Together with an easement on and over Lot 2 for access by foot or vehicle over the common
access way to be constructed thereon,the use of which easement is limited to emergency access
to Turkey Hill Road. Such easement is shown as"Easement 1"on a Plan of Easements Prepared
for Jedoron Realty, Inc., dated September 12,2006,by Holmberg&Howe, Inc., Land Surveyors
and Civil Engineers ("the easement plan"),which plan is to be recorded herewith.
Together with an easement on and under Lot 2 as shown on the lot plan for the installation,
maintenance,repair, and replacement of a sanitary septic system and for access thereto,which
easement is shown as"Easement 1" on the easement plan to be recorded herewith. The Grantee
herein, its successors and assigns, shall be solely responsible for the construction,maintenance,
repair and replacement of any element of the septic system located within the easement area, and
for compliance with all federal, state and local laws, statutes,regulations, and ordinances relating
thereto. '
Together with two(2) grading easements on Lot 1 as shown on the lot plan,which easements are
shown as"Grading Easement A"and"Grading Easement B"on the easement plan to be recorded
herewith.
MASSACHUSETTS EXCISE TAX
Hampshire District ROD#13 001
Date: 03/13/2007 03:28 PM
otr!#017499 30379 Doc# 00006997
Fee: $1,368.00 Cons:$300,000.00
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/ K
Executed as a sealed instrument this !3 day of March,2007.
JEDORON REALTY, INC.
Witness Ronald K.Dahle
President and Treasurer
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this J1_`day of March, 2007,before me the undersigned notary public,personally
appeared Ronald K. Dahle, President and Treasurer of Jedoron Realty,Inc., and proved to me
through satisfactory evidence of identification,which was [ ] Driver's License [x] Personal
knowledge of the signatory's identity[ ] Other: ,to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily on behalf of Jedoron Realty, Inc. for its s urpose.
Notary Public
My Commission Expires:
i
-3-
ATTBBT:HAMPBBM- )Ak;*y Brut
MARIANNE L. DONOMM
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5. The Lot Owners shall meet a minimum of once each year to review the condition of the
Common Driveway. The Lot Owners shall determine together when,to what extent, and
in what manner,maintenance,repairs,reconstruction, and other work on the Common
Driveway shall be conducted.
6. If any Lot Owner has work done which necessitates excavation within the Common
Driveway for the sole benefit of said owner,said Lot Owner shall be responsible for
returning the Common Driveway to its original condition and paying for the cost thereof.
7. Notwithstanding anything in this agreement to the contrary,each Lot Owner shall be
liable for any and all damages above and beyond normal wear and tear caused to the
Common Driveway by the Lot Owner,his agents or guests.
8. In order to ensure the continued maintenance,repair, and reconstruction of the Common
Driveway, the rights and obligations established by the Agreement shall run with the fee
simple ownership of the land covered hereby, and said land shall be conveyed together
with and subject to this Agreement.
9. The failure of any party to abide by this Agreement shall not act to forfeit that party's
rights under the easement recorded herewith,but shall give rise to debt. In the event of
legal action between the parties concerning their obligations under this Agreement,the
prevailing party shall recover, as part of the damages, all costs of collection,including
reasonable attorney's fees.
10. The obligations of a Lot Owner under this Agreement shall continue regardless of
whether he or she resides on the premises.
11. The Lot Owners shall hold each other harmless for any liability incurred as a result of
their use of the Common Driveway so long as such liability does not arise from a failure
to maintain the Common Driveway as required by this Agreement.
12. This Agreement may be modified only by the unanimous agreement of the Lot Owners,
with such modifications to be in writing and recorded with the Hampshire County
Registry of Deeds.
13. Each Lot Owner,his heirs, executors, administrators, assigns and successors in interest,
acknowledge by the acceptance of the deed to any of the lots that are the subject of this
agreement that he or she shall be bound by the terms thereof in order to ensure the
continued proper maintenance of the Common Driveway and facilitate the easy passage
of motor vehicles, including emergency vehicles.
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COMMON DRIVEWAY MAINTENANCE AGREEMENT
TURKEY HILL ROAD,NORTHAMPTON,MASSACHUSETTS
Jedoron Realty, Inc.,a corporation organized under the laws of the State of Connecticut
with principal offices in Farmington, Connecticut, (hereinafter"Jedoron")hereby imposes the
following terms and conditions of this agreement on those parcels of land shown as Lots 1 and 2
(hereinafter individually"Lot Owner"and collectively"Lot Owners") on a Plan of Land in
Northampton, Massachusetts,Prepared for Jedoron Realty, Inc., dated June 11, 2006,by
Holmberg&Howe,Inc., Land Surveyors and Civil Engineers,which plan is recorded in the
Hampshire Registry of Deeds in Plan Book 211,Page 12 (hereinafter"the lot plan"). This
agreement shall run with the land, subject both Lot Owners to the rights and obligations created
hereunder, and shall be binding upon the respective legal representatives, successors in title and
assigns of both Lot Owners.
1. Both of the lots encumbered hereby are(or, upon conveyance shall be) subject to and
benefitted by easements for access over a common driveway extending from the
southerly sideline of Turkey Hill Road to the point at which those accessing Lot 2 turn to
the west, off the common driveway and onto a driveway serving only Lot 2,which point
is approximately 220 linear feet from the southerly sideline of Turkey Hill Road
(hereinafter"the Common Driveway"). In addition,Lot 3 as shown on the lot plan shall
have easement rights for emergency access to Turkey Hill Road. Lot 3 shall not,
however,have any obligation to maintain the Common Driveway as provided herein. The
easements referenced herein are identified as Easements 1 and 2 on a Plan of Easements
Prepared for Jedoron Realty,Inc., dated September 12, 2006,by Holmberg&Howe,
Inc., Land Surveyors and Civil Engineers(hereinafter"the easement plan"),which plan
is to be recorded herewith.
2. Jedoron shall be fully responsible for the costs of the initial installation and construction
of the Common Driveway, including all drainage facilities and landscaping. The
driveway shall be constructed to the specifications of the City of Northampton.
3. Upon completion thereof,the obligation to maintain,repair,reconstruct and insure the
Common Driveway shall be divided equally between the owner of Lot 1 and the owner
of Lot 2.
4. The joint obligation hereunder to maintain the Common Driveway shall include
maintenance of all utilities, stormwater drainage, and landscaping associated therewith,
and shall require that the Common Driveway,be kept in a good and passable condition
and in compliance with City of Northampton standards at all times,including but not
limited to, grading,mowing, surfacing, snow removal,re-grading and landscaping, so as
to provide proper and unobstructed access for all vehicles,including emergency vehicles.
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SEEWALD, JANKOWSKI & SPENCER, P.C.
Attorneys at Law
J
Alan Seewald live East Pleasant Street
Deborah Tobie Jankowski Amherst, Massachusetts 01002
Robert J.Spencer (413)549-0041 (Telephone)
Kristi A. Bodin (413)549-3818(Facsimile)
Email:AS @SJSAmherst.com
March 14, 2007
Anthony Patillo
Building Commissioner
City of Noy L'han;pton
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
RE: Lot 3, Turkey Hill Road, Northampton, Massachusetts
Dear Mr. Patillo:
Further to my letter to you of February 26, 2007, 1 have enclosed herewith copies of the
Quitclaim Deed and Driveway Maintenance Agreement relative to the above-referenced
transaction. These instruments have been recorded with the Hampshire Registry of Deeds as is
shown on each of them, and they constitute compliance with Condition 1 of the Special
Permit/Site Plan Approval issued by the Northampton Planning Board (No. PLN-2006-0041).
Thank you for your cooperation in this matter. If you have any questions or concerns relative to
this matter, please do not hesitate to contact me.
Very t ours,
a Seewald
AS/A
encl.
xc: Jedoron Realty, Inc.
John E. Drost, Jr., Esq.
Wayne Feiden, AICP
Carolyn Misch, AICP