35-001 (14) EXHIBIT A
We seek to develop our land in two phases: Phase I
entails our building a garage apartment with no more than
800 square feet of living space. We plan to live in the garage
apartment for between 1 to 5 years. During this period, we
will gradually clear our lot in order to build a house of
approximately 2 ,500 to 2 , 700 square feet. We also seek to
substantially pay off our mortgage on the garage apartment
so we will not become over extended once the house is built.
My wife ' s parents will retire in 5 years. It is part
of our plan that at that point in time, once the full house
is build, my wife' s parents will move into the garage apartment
The garage apartment will have the following rooms: One
bedroom, one small galley kitchen, a living area, including
a small dining area to the side, one full bathroom, a small
laundry room on the garage floor, garage space for 2 cars
and, finally, attic storage space.
Because we intend to have a family, and my wife' s parents
are retiring and advancing in age, we hope to have our respecti e
joint needs of childcare and elder care satisfied together
through the same land.
We thank you for considering our proposal and application.
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 :
Approved : Northampton Planning Board
Declaration may be enforced by any lot owner or the administrator
in their own name . The costs of such enforcement including
reasonable attorney' s fees shall be associated costs and shall be a
part of the damages recoverable from a delinquent lot and/or its
owner. Upon . the filing of any such suit in a court competent to
attach real estate , it is assumed that an attachment will be
requested of the Court .
7 . In the event any portion of Lot 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 this document and
renounces all rights to utilize the common drive for vehicular
traffic . In the event any of Lot 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 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 .
8 . The association shall install a gate across the common
drive to prevent trespassers from entering onto the premises . The
cost of installation and maintenance shall be a maintenance cost as
that term is defined elsewhere herein.
9. - : The Declarants state that upon recording this Declaration
the owners of each lot shall deposit the sum of $500 .00 in an
ecconnf of this ,Assoei ati on for usQ as eperetinv fends tc t: .;i: ! vf;,::riti
11 aiflt.f;"afiCC CIf Ul IUUI db U UCS(.C� L; i iLLLU J QL JJUPL V'r UJJJI-AL1.o UL uAuJ VL
repairs as the Association elects . No subsequent seller shall make
claim against or be entitled to receive any portion or share of the
above amounts upon sale • of a lot , it being the intent that the
funds belong to the Association and not to any individual .
10 . Upon application made to the then current administrator
(as that term is defined in paragraph 3 above) a lot owner shall be
entitled to receive a certificate from the administrator in a form
suitable for recording, stating that all outstanding maintenance
costs due from said lot owner have been paid , except that in the
event that said costs have not been paid then the administrator
shall inform the lot owner of the amount then outstanding and the
administrator shall issue a certificate upon payment in full of
said outstanding amounts .
11 . The term "Owner" as used herein shall mean and refer to
the record owner , whether one or more persons or entities , of the
fee simple title to c.ny of Lots 1 through 3 described herein , but
notwithstanding any api)licable theory of the mortgage , shall not
mean or refer to the iii ;rtg :;ee urile:� _ arid until such uiortga;ee has
acquired title pursuant to foreclosure-, or any procer.ding in lieu of
foreclosure .
12 . Each lot owner , their heirs , administrators , executors and
successor in interest acknowledge that , by the acceptance of a deed
maintenance cost and the remaining two lots shall shall each pay
one-fourth (1/4) of the total cost maintenance cost . When the
second lot receives a certificate of occupancy (or upon expiration
of 18 .months after breaking ground for purposes of home
construction on the lot if a certificate of occupancy is not yet
issued) then the first two lots with certificates. of occupancy
shall each pay two-fifths (2/5) of the total maintenance cost and
the owners of the remaining lot shall pay one-fifth (1/5) of the
total maintenance cost . Upon the third lot receiving a certificate
of occupancy (or upon expiration of 18 months after breaking ground
for purposes of home construction on the lot if a certificate of
occupancy is not yet issued) then the owners of all three lots
shall each pay one-third ( 1/3) of the total maintenance cost .
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 notice by any lot owner or administrator. A quorum shall z
consist of the owners of two 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 beiin 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 calendar year.
4 . The payment of the driveway maintenance cost , in accordance °!
with the terms hereof, shall be made by each lot owner within
fifteen ( 15) days of receiving written notice of the cost of same
from the administrator(s) . Unpaid costs shall accrue interest at
the rate of 2% p.er 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 the
understanding that the billing for maintenance costs can be
rendered quarterly or annually as determined in the sole judgment
of the administrator or administrators .
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 .
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6 . The failure of a lnt owner to ,;z.,' the maintenance cost
hall not act as a forfeiture , (i��ce�rc�; the ,lent_ shill run with
he land and be an obligation of the lot as well as a personal
bligation of the owner at the time the debt was incurred . This
i.
DECLARATION -OF DRIVEWAY MAINTENANCE ASSOCIATION 1:
This Declaration, made this day of
.1989, by
Joseph -A. Wilhelm III , Phyllis E. Wilhelm, Milton B., Howard and
Wi`I.liam .James. Christensen, being all of the owners , of land,,now . -
divided into three .parcels conveyed to Joseph .A. Wilhelm . III and
;lPhy1lis 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 3287 , Page 106, and
excepting the land conveyed to Bernard Blakesley, Sr. and Gail A.
Blakesley, by deed dated September 22 , 1988 , recorded in Hampshire
County Registry of Deeds , Book : 3260, Page 230 .
Now come the above named four individuals , (hereinafter
"Declarants" ) and hereby make the following Declaration imposing
the restrictions of a Driveway Maintenance Association on each
owner of Lots . 1 , through 3 as shown on a Plan of Land entitled
"Northampton, .-Mass . , Hampshire County, Plan of Lots for
Christensen-Howard, Inc . , " dated July 7, 1988 , general revisions on
August 18 , 1988 and revised Lot Revisions on October 8 , 1988 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 a Plan of Land entitled. "Northampton, Mass . ,
Hampshire County, Easement Plan for Christensen-Howard , Inc . " ,
dated July 7 , 1988 , general revisions on August 18 , 1988 and
revised lot revisions on October 8 , 1988 , recorded in the Hampshire
County Registry of Deeds , Plan Book , Page , 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 , their heirs , executors ,
administrators and assigns , and successors in interest , shall be
responsible to contribute their respective shares of the cost of
such maintenance , and the cost of operating this association and
any expenses , including reasonable attorney ' s fees incurred in
order to enforce this Declaration . All such costs shall be called
the "maintenance cost . " The owners of each lot shall be
responsible to pay one third of -he total maintenance cost . When
the owners of the first lot receive a certificate of occupancy ( or
upon espirat-.ion of 18 months alter hreal:ing ;round for purposes of
home construction on the lot if a certificate of occupancy is not
yet issued ) said lot shall pay one-half ( 1/2 ) of the total
(16) The SELLERS federal t . d . # is 04-2844111 .
(17) Joseph A. Wilhelm III and Phyllis E . Wilhelm, by their
signatures hereto agree to provide a restrictive covenant in
favor of the owners of Lots 1 and 2 which shall provide that
Lot 3 as it exists may only be divided by the Owner of Lot 3 or
their successors or assigns to make Lot 3 a smaller lot
provided that the new, smaller Lot 3 shall not be less than
twenty-two (22) acres in area , and that the new smaller Lot 3
shall have only one house and outbuildings constructed upon it .
Further that the land remaining after Lot 3 is made a smaller
lot shall have no more than one house and outbuildings on it
with access to the common drive . Said house to contribute to
. the maintenance cost of the common driveway as described in the
Driveway Maintenance Agreement .
( 18) The consideration for paragraphs " ( 14) " C & D and
Paragraph 17 and the easements described in Exhibit A, is as
follows :
BUYER agrees to execute and grant an option to purchase to
Joseph A. Wilhelm III and Phyllis E . Wilhelm, wherein Joseph A.
Wilhelm III and Phyllis E . Wilhelm or their successors or
assigns shall have the right to pass and repass over a private
driveway to be located on Lot 2 for the purpose of reaching or
building on Lot 3 . The driveway is to be installed at BUYER' S
expense . Exercise of the option shall be triggered by a letter
exercising same accompanied by a payment of $ 10 , 000 . 00 to BUYER
and upon signing by Joseph A . Wilhelm III and Phyllis E .
Wilhelm or their successors or assigns of a private Driveway
Maintenance Agreement between the owners of Lots 2 and 3 which
shall be substantially similiar in form and content to the
Driveway Maintenance Agreement attached hereto . However , in
the event that Lot 3 is subdivided into two lots , either lot
owner may exercise the option by a writing exercising same
accompanied by the above said payment and execution of the
private driveway maintenance agreement as described above .
IN WITNESS WHEREOF , the parties hereto have caused their
hands and seals to be affixed hereto .
'3��Q �"4 A -I A
".1 ), 611- W-'-
SELLER (Da "-,, ) DU (Date)
i
SELLER (Dad ) . R(:YEP / (?)ate)
consent in- 1_t) (far- i-rap'ns r'1•:. .. C' _ ;!11 c fl-ie lr consent bpi the
,f
4 . Cut and remove one dead tree from Lot 2 . The tree
that is in danger of falling over onto the common
drive .
5.. Repair broken cable T.V . line .
6. Continue swale located on the northerly side of
common drive in a westerly direction thirty (30)
yards .
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7 PEOMINS /T Pr- ( Tr-O- tf(3uV�R `s bV1LhINf s/7 .
C . By their signature hereto Joseph A . Wilhelm III and
Phyllis E . Wilhelm hereby agree that no home construction
shall occur on Lot 3 within one hundred ( 100) feet of the
southern boundary of Lot 3 which is also the northern
boundary of Lot 2 nor within twenty (20) feet of the
private driveway as constructed . Joseph A. Wilhelm III and
Phyllis E . Wilhelm agree to provide Buyer with a recordable
restrictive convenant to that effect .
D. By their signature hereto ,' Joseph A. Wilhelm III and
Phyllis E . Wilhelm hereby agree that Buyer shall have the
right and easement to enter onto Lot 3 for the purpose of
filling the existing " logging road" and for the purpose of
installing up to five (5) culverts in said road to channel
drainage of surface water away from the common driveway.
Joseph A. Wilhelm III and Phyllis E . Wilhelm agree to
execute appropriate easement grants necessary to accomplish
this purpose and further agree that no driveway constructon
on Lot 3 shall take place on said " logging road" unless and
until the owner of Lot 3 is able to demonstrate that the
construction will not have a negative impact on the common
drive caused by increased surface water being channeled
onto the common drive .
E . SELLER shall warrant that the common drive complies
with any and all municipal requirements , as per the plans
accepted by the City of Northampton and the relevant
decisions of the Planning Board .
F . SELLER provide BUYER with an agreement to be signed by
the owners of Lots 1 , 2 , and 3 to share maintenance and
upkeep of the common driveway . A copy is attached hereto
as Exhibit B . The Agreement is subject to the approval of
the Northampton Planning Board .
G . SELLER to assign to BUYER Warner Brothers ' one (1 ) year
warranty on the common drive .
H. SELLER will clearly mark by stake the corners of Lot 1
and 2 and also that portion of Lot 3 to wb ich BUYERS shall
hate a tise easement a3 on -�-id
( 15) The SELLERS represent that `Ii l ton B . lIow,icd is a real
estate broker licensed in the State of Massachusetts .
(11) REPRESENTATIONS :
This property is sold "AS IS" and as shown, and no
representations have been made by the SELLER, or the broker,
with regard to its condition except those contained in this
document .
(12) DEPOSIT MONIES :
This is a contract for a non-consumer/investment purchase .
The deposit will be released to SELLER upon execution of this
agreement , and is refundable only in the event closing fails to
.occur due to the fault of the SELLER, which shall include the
inability of the SELLER to comply with all the conditions and
contingencies herein. Further the deposit shall returned in
the event that the BUYER does not receive financing as provided
herein. At the time of closing the BUYER shall be credited
with interest on the deposit at the rate of five (5 .00%)
percent from May 1989 .
(13) PERC TEST:
SELLERS will perform a new perc test near the BUYER' S
proposed building site . The perc test to be performed at
SELLER' S expense . The BUYER and SELLER have attached hereto a
sketch plan of the property that shows the approximate proposed
building site and the approximate area where .the new perc test
will be performed. If the new perc test is not satisfactory to
BUYER and if BUYER uses perc #901 on Lot 2 , SELLER will
reimburse BUYER for the cost in excess of $200 .00 of purchasing
plastic grey water pipe .
(14) CONTINGENCIES :
This Agreement is contingent upon the following:
A. A new well being dug and capped at said building site ,
which well shall provide a potable water supply and water
quantity of no less than five (5) gallons per minute , for
four (4) hours . The well shall be installed at SELLER ' S
expense .
B. SELLER states that the following work has not been
comp1eted)INL) TI/3T-THE 13ELOVV L TM WORK WILL ME C64tiMb
1 . Seeding and mulching along both sides of the top
two thirds of the common driveway .
2 . Re-seeding the meadow area Alo.zg Sylvester Road .
3 . :Move boulders l ,.r <zt ,d in a pile on Lot 1 to the
south o the ��omm�:r: .ir i , , � :� as to cr-,�ate a barrier
along Sylvester Ro,)il . aLl boulders so moved remain on
Lot 1 .
of the parties hereto shall cease . The BUYER shall be deemed to
have waived their rights under this paragraph if the SELLER has
not been notified in writing by August 7 , 1989 of said failure .
(5) PERFORMANCE:
The' deed is to be delivered and the consideration paid , at
the Registry of Deeds in which the deed should by law be
recorded on August 16, 1989 at 2 : 00 P . M. unless some other
place and time should be mutually agreed upon.
To enable the SELLER to make conveyance as herein provided ,
.the SELLER may, if the SELLER so desires , at the time of the
delivery of the deed, use the purchase money or portion thereof
to clear the title of any or all encumbrances or interests ; all
instruments so procured to be recorded simultaneously with the
delivery of said deed.
(6) FAILURE TO GIVE TITLE :
If SELLER shall be unable to give title or to make
conveyance as above stipulated, any payments made under this
agreement' shall be refunded and all other obligations of
either party hereunto shall cease , but the acceptance of a deed
and possession by BUYER shall be deemed to be a full
performance and discharge hereof .
(7) STANDARDS :
Any title matter which is the subject of a title standard
of the Massachusetts Conveyancers Association at . the time for
delivery of the deed shall be covered by said title standard to
the extent applicable .
(8) POSSESSION:
Full possession of the premises , free of all tenants is to
be delivered to the BUYER at the time of the delivery of the
deed, the said premises to be trien, in the same condition in
which they are now, reasonable use and wear and damage by fire
and other unavoidable casualty excepted .
(9) ADJUSTMENTS :
Taxes shall be apportioned as of the day of delivery of the
deed , and if the taxes are not known at the time of delivery of
the deed , they shall be apportioned on the basis of the takes
assessed for the preceeding year with a reapportionment as soon
as the new tax rate and valuation can be ascertained , which
latter provision shell survive the delivery of +lie deed
( 10) BROKER ' S COMMISSION :
It is understood that a broker ' s commission of four (41)
per cent on the said sale is to be paid to Goggins & Whalen by
the SELLER out of the proceeds of the sale.
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PURCHASE AND SALE AGREEMENT
AGREEMENT made this 2nd da . of "any , 1989 between `Tilton B .
Howard and Willibm James 1:''_ c� [I1SE'I': , whose Ld%r-esa is iv King
Street , ,T orthampton, Massachusetts , hereinafter referred to as
the SELLER , and David J . Noonan and Susan C . Anderson, whose
address is 527 Converse Street , Longmeadow , Massachusetts ,
hereinafter referred to as the BUYER.
(1) DESCRIPTION :
The SELLER hereby agrees to sell and the BUYER to purchase
certain property located at Lot 2 , Sylvester Road, Northampton,
Massachusetts , consisting of 20 . 98 acres , more or less , more
particularly bounded and described in a deed to the SELLER
recorded in the Hampshire County Registry of Deeds . See
proposed description attached hereto as Exhibit A.
(2) TITLE:
Said premises are to be conveyed to BUYER or their nominee
on or before August 16, • 1989 by a good and sufficient Quitclaim
deed of the SELLER, conveying a good, record, and marketable
title to the same free from all encumbrances except :
(a) Provisions of existing building and local zoning laws ,
if any;
(b) Such taxes for the current year as are not due and
payable on the date of the delivery of such deed, any liens
for municipal betterments . assessed after the date of this
agreement .
(3) CONSIDERATION :
For such deed and conveyance the BUYER is to pay the sum of
(U. S . ) One Hundred Twenty Thousand--($120 , 000 . 00)--DOLLARS of
which Twelve Thousand--($12 , 000 . 00)--DOLLARS have been paid
this day as a deposit and One Hundred Eight Thousand-----------
- ($108 , 000. 00)--DOLLARS are to be paid in cash or certified
bank check upon delivery of said deed .
(4) MORTGAGE CONTINGENCY:
This agreement is contingent on the BUYER' S ability to
obtain a land purchase mortgage loan commitment in the amount
of $80, 000. 00 from an institutional lender at current interest
rates and term's . If the BUYER fails to obtain a firm commitment
for such loans by August 7 , 1989 all payments made hereunder by
the BUYER shall be forthwith refunded and all other obligations
Subject to the following restrictions imposed in accordance with the
Decision of the Northampton Planning Board, dated March 23, 1989, recorded
in Hampshire County Registry of Deeds , prior hereto , and variable only
with the approval of said Planning Board:
A. House numbers identifying this lot and the other lots using 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 . Right of way is hereby acknowledged and granted for
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 .
4
Subject to an easement to the Massachusetts Electric Company, dated
November 21 , 1988 , recorded in the Hampshire County Registry of Deeds ,
Book Page
1
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the extent it is contiguous. Further provided that no exercise of the Use
Easement over Lot 3 shall impair the use of that area consistent with
Chapter 61, Mass . General Laws, or any successor statute, for the benefit
of the owner of Lot 3, and provided that the dominent estate maintains the
. area of Lot 3 visible from Sylvester Road consistent with the directives
of any governmental agency concerned with public health and/or safety.
TOGETHER WITH an Easement for the benefit of Lot 2 to allow it to
encroach onto Lot 3 to a depth of up to one hundred ( 100) feet north of
the northerly bound of Lot 2 between Lots 2 and 3 for a width along said
northerly bound of up to Two Hundred ( 200) feet beginning at least two
hundred feet westerly of the boundary between Lot 3 and the land now or
formerly of one Lingner, to construct, maintain, and reconstruct a private
driveway from the common driveway to the building site on Lot 2, provided
that the owner of the dominant estate shall accept all responsibility and
liability for the actions or conditions attendant upon said drive and
agrees to indemnify Lot 3 for any costs arising therefrom, which agreement
is signified by acceptance of title to Lot 2 . (A sketch plan of the
proposed location of the private driveway is attached hereto and marked
"Sketch" . )
Ay
Exhibit A
ef
HN
Being Lot 2 on a Plan of Land entitled "Northampton, Mass . , Hampshire
County, Plan of Lots for Christensen-Howard , Inc . " by Pharmer Engineering :
Corporation, dated July 7, 1988 , revised August 18, 1988 , and September 8, :r
1988, with drafting corrections , recorded. in Hampshire Registry of Deeds
Plan Book , Page
Beginning at a point on the westerly line of Sylvester Road , which
point is the northeasterly corner of the parcel herein conveyed and the
southeasterly corner of Lot 1 on said plan, running thence S . 05o 16 '
13" E . a distance of One Hundred Seventy-Five and No Hundredths ( 175 . 00)
feet along said Road to a point at Lot 3 as shown on said Plan; thence
turning and running S . 810 22 ' 49" W. a distance of Two Thousand Two
Hundred Twenty-Eight and Ninety-Five Hundredths (2 , 228 .95) feet to a
point;' thence turning and running N . 010 58 ' 36" W. a distance of Six
Hundred Thirty-Five and Seventy-Four Hundredths (635 . 74) feet to a point ;
thence turning and running N . 810 51 ' 44" E . a distance of One Thousand
Sixty-Three and Twenty-Four Hundredths ( 1 , 063, 24) feet to a point (the
last three courses being along Lot 3) ; thence turning and running S . 200
27 ' 40" E . a distance of Four Hundred Seventy-Six and Fifty-Two Hundredths
(476.52) feet toga point; thence turning and running N . 810 22 ' 49" E . a
distance of One Thousand Four and Sixty-Five Hundredths ( 1 ,004 . 65) feet to
a point at the place of beginning (the last two _courses being along Lot
1 ) . Containing 20. 98 acres , more or less .
SUBJECT TO THE , BURDENS and TOGETHER WITH THE BENEFIT OF an Easement
for common driveway, which said easement is shown on a plan of land
entitled "Northampton, Mass . , Hampshire County, Easement Plan for
Christensen-Howard, Inc . " dated July 7 , 1988,with general revisions dated
August 18 , 1988 , and revised lot revisions dated October 8 , 1988, and
which said plan is recorded in the Hampshire County Registry of Deeds
prior hereto .
SUBJECT TO a Declaration of Driveway- Maintenance Association
dated and recorded in the Hampshire County
Registry of Deeds prior hereto .
h
SUBJECT TO a Use Easement in favor of Lot 1 as shown on said plan over
those portions of Lot 2 which are north of the common driveway and east of
the common driveway ; and with benefit of a Use Easement over that portion
of Lot 1 which is south of the common driveway; and with the benefit of a
Use Easement over those portions of Lot 3 which are located to the west of
Lot 2 and to the south of Lot 2 , but not to the north of Lot 2 . The Use
Easements referred to in this paragraph grant -to the dominant estate the
right to utilize the land for all recreational , conservational ,
.gricultural cr like uses that open or wooded land may be used for so long
as no nuisance is created or structure (other than unobtrusive livestock
ences and/or a gazebo) erected , and so long as the dominant estate
,a(-cents all re,� ,)on=. i1)i1ity and liability t`)r- the .-lctions or condition=
Ittendant upon the dominant estate ' s uses , and indemnifies the servient E
state for anti' costs �irlsing t-herefrom . �i1C11 a Us-,_ Easement may be
surrendered by a recorded instrument eseciited by the dominant estate
owner. In the event either lot is divided , these easements will benefit
-,he land immediately contiguous to the area subject to the easement , to
NNOMMONNOMMW