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35-001 (13) Subject to the following restrictions imposed in accordance with the Decision of the Northampton Planning Board , recorded in Hampshire County Registry of Deeds , Book , Page and variable only with the approval of said Planning Board . A . House numbers i den t.ilying this lot and the other lots usirig the common drive will be placed at the intersection of the common drive with Sylvester Road . B . Vehicular access from the public way to this lot shall be only by way of the common drive . C . all utility service to this lot; shall be by way of the common driveway easement . Ritiht of way is herel)v acknowledged and granted i—oc the other lots subject to the above referenced Decision to grant utility easements over said common drive for the benefit of such other lot or lots . The word "utility" shall not include private systems", e . g . a septic system, that service only one lot . D . The common drive is a private driveway and not a city way . The maintenance , operation , repair , and reconstruction (including snow plowing and snow/ice removal ) is the responsibility and liability of the property owners . Such tasks will be discharged through the Declaration of Driveway Maintenance Association , recorded in Hampshire County Registry of Deeds , Book Page , or its successor arrangement . E . The drainage requirements of the above referenced Decision , as shown on the Plan recorded at Hampshire County Registry of Deeds , Plan Book Page will be maintained by the property owners through the above reference Declaration . Subject to an easement to the Massachusetts Electric Company , dated November 21 , 1988 , recorded in the Hampshire County Registry of Deeds , Book Page r ' City of Northampton to utilize the common drive , then such lot will participate fully in the association and be responsible for shares of the costs , just as described in Paragraph 2 , with a maximum of two shares for each lot . 8 . ` Each lot owner , their heirs , administrators , executors and successor in interest acknowledge that , by the acceptance of a deed to any of the lots that are subject to this Declaration, they shall be bound by the terms hereof in order to insure the continued proper maintenance of the common driveway and facilitate the easy passage of motor vehicles including emergency type vehicles . IN WITNESS WHEREOF , the undersigned have caused their hands and seals to be affixed hereto this day of 1989 . Joseph A . Wilhelm III Phyllis E . Wilhelm Milton B . Howard William James Christensen COMMONWEALTH OF MASSACHUSETTS Hampshire , ss . 1989 Then ,,personally appeared Joseph A . Wilhelm III , Phyllis E . Wilhelm , Milton B . Howard and William James Christensen and acknowledged that the execution of the foregoing Declaration was their free act and deed before me . Notary Public My commission expires : 3 . While the Declarants are the owners of record of two (2) of the three ( 3) lots , Milton B . Howard shall be responsible for the administration of the maintenance function and , thereafter the lot owners shall collectively choose one or more individual lots owners as' the administrator or administrators of this function , with each lot carrying one vote . An administrator shall remain in office until replaced and if the administrator elects to resign, may name a replacement in writing , recordable , with notice to all lot owners , who shall take office until replaced , in a meeting of the lot owners . A meeting of lot owners shall be called on 2 week written noce by any lot owner or administrator . A quorum is the owner of e lots. The administrator will receive reimbursement for all expenses and a fee for services on a hourly basis at a rate equal to twice the then prevailing federal minimum wage . This will be in compensation for professional services and not be in compensation as an employee of the Association . Provided , however , that the total fee paid to the Administrator shall not exceed an amount equal to 10% of the amount expended on the driveway in -the same calenddr •year . 4 . The ., payment of the driveway maintenance cost , in accordance with the terms hereof , shall be made by each lot owner within fi-f-t-een ( 15 ) days of receiving written notice of the cost of same form--the adminLstrator (s ) . Unpaid costs shall accrue interest at rate of 2% per month , compounded monthly . Any interest so collected shall be used to defray future costs . Any such bill or bills can be rendered to the owners of the lots which are subject to this restriction as often as may be required , it being th'd,/°` ' ` 'C understanding that the billing for maintenance costs c ' rendered , quarterly , POPP U as de or 5 . The association may establish a reserve fund . All interest or any other earning of the Association shall be attributed to the lot owners in proportions to their shares and taxed to them individually . 6 . The failure of a lot owner to pay the maintenance cost shall not act as a forfeiture . however , the debt shall run with the land and be an obligation of the lot as weli as a personal obligation of the owner at the time the debt was incurred . This Declaration may be enforced by any lot owner or the administr-tr in their own name . The costs of such enforcement hall. association costs and shall be a part of the damages recovprabl ,, from a delinquent lot and/or its owner . Upon the filing of any such suit in a court, competent to attach real estate , that an attachment will be requested of the Court . -7 . 3 the event any portion of Lots 1 through 3 is deeded separate from its original lot and such portion is not reached for vehicular access from the common drive , such portion will be free and clear of this driveway maintenance association upon recording by the owner thereof of a document that references to this document and renounces all rights to utilize the common drive for vehicular traffic . In the event any of lots 1 through 3 is subdivided to provide another house lot , with the approval of the governmental. body involved , and with the consent of the Planning Board of the DECLARATION Or DRIVEWAY MAINTENANCE ASSOCIATIO.NM�, .1 This Declaration , made this day of May , 1989 , by Joseph A . Wilhelm III , Phyllis E . Wilhelm , Milton B . Howard and William James Christensen , being all of the owners of land now divided into three parcels conveyed to Joseph A . Wilhelm III and Phyllis E . Wilhelm by deed of Donald Burdo and Marie D . Burdo , dated June 2 , 1986 , recorded in the Hampshire County Registry of Deeds , Book 2732 , Page 159 , and a portion of which was conveyed to Milton B . Howard and William James Christensen by deed of Joseph A . Wilhelm III and Phyllis E . Wilhelm dated November 9 , 1988 , recorded in the Hampshire County Registry of Deeds , Book , Page , and excepting the land conveyed to Bernard Blakesley , Sr . and Gail A . r Blakesley , by deed dated September 22 , 1988 , recorded in Hampshire County Registry of Deeds , Book Page Now come the above named four individuals , (hereinafter "Declarants " ), and hereby make the following Declaration imposing I�( the restrictions of a Driveway Maintenance Association on each. owner of Lots 1 , through 3 as shown on a Plan of Land entitled dated which plan is recorded in the Hampshire County Registry of Deeds , Book of Plans" , Page Said Driveway Maintenance Association shall run with the land and subject the owner of each Lot 1 through 3 as shown on said Plan to the requirements thereof : 1 . Each owner of Lots 1 through 3 on the plan of land hereinbefore mentioned , their heirs , administrators , executors and assigns , shall be responsible for maintaining the common driveway serving said Lots , which is located within the right of way running through and to all of said Lots 1 through 3 as shown on said plan and as shown on in a good and passable condition at all times including , without limitations , repair , reconstruction , graveling , snow and ice removal and grading during their ownership of said lot , and in maintaining the drainage elements . 2 . The owner of each of said lots , theii heirs , executors , administrators and assigns , nd successors in interest , shall be responsible to contribut r their respective shares of the cost 1 la maintenance , and sae cost of operating this association and wany�lexpenses to enforce this Declaration . All such costs shall be f � called the "maintenance cost . " Each owner shall pay one share upon issuance of a certificate of occupancy for a dwelling upon said lot Ijrl ( or- upon the expiration of 18 months after the beginning foundation ! construction if a certificate of occupancy is not yet issued . ) When all three lots are occupied by dwellings there will be a total of six shares , each of equal size ; prior to such construction thleru� will be lesser number of snares (never less then three) each of equal size .