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Together with an easement to install , maintain, repair and to pass and
repass over a driveway which is to be located on Lots 19 and 20 as those
Lots are shown on the above described Plan . The Grantee herein shall be
entitled to use said driveway for all uses and purposes to which
residential driveways are normally put .
The above driveway easement is to be bounded and described more
particularly as being a strip of land which is forty feet in width
measured from the North to the South and which has a centerline which is
831 . 09+/- feet in length measured from the East to the West . Said center
line being also the boundary line which separates Lot 19 from Lot 20, ;
they are shown on the above Plan.
The above driveway easement is conveyed subject to a certain
Declaration of Easement Maintenance Association, dated
and recorded in the Hampshire County Registry of Deeds,
Book
reference . Page which Agreement is incorporated herein by
AW 1987
1 .
t
function.
4 . The C►;►ymenl, ul l.he clr lv►.w.►y n►.► I ►►l.crua►►ce curl., In accurdar►ce 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 ) . 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 monthly, quarterly, or semi-annually in the sole
judgment of the administrator or administrators .
5. Nonforfeiture . Failure of any party to abide by this Agreement:
shall not act to forfeit the Driveway Easement, but shall give rise to a
debt . In the event of legal action between the parties concerning the
Driveway Easement, this Agreement or obligations arising under it, the
prevailing party shall recover, as part of the damages, all costs of
collection, including reasonable attorney's fees .
6 . Expiration . This agreement shall survive as long as the Driveway
Easement exists .
7 . Modification . This Agreement may be modified by agreement of all
parties owning all or part of Lots 7, 19 and 20; such Agreement to br in
writing, recorded in the Hampshire County Registry of Deeds .
8 . Each lot owner, their heirs, administrators, executors, assiyr►s,
and successor in interest acknowledge that, by the acceptance of a deed to
any of the lots that are subject to this restriction, they shall be bound
by the terms hereof in order to insure the continued installation,
maintenance, and repair of the easement .
In witness whereof, Milton B . Howard and Williarli Jalrlt.- Curls nsrn ha
caused their hands and seals to be affixed hereto this �n�n
day of , 1987 .
MILTO B . HOWARD
I A �C�A�—I-- —
WIMrAM JAMES CHRISTENSEN
Commonwealth of Massachusetts
Hampshire, ss . Date : C���
Now come Milton B . Howard and William James Christensen and
acknowledge the foregoing to be their free act and deed before me
s `► `
I W7
'�( a Notary Public
£_ My commission expires : 141117e
r
DECLARATION of land conveyed to Milton B. Howard and William James
Christensen by several deeds . For further reference, see deed of Heidi L .
Hallett dated December 23, 1985, and recorded in the Hampshire Registry of
Deeds in Book 2664, Page 311, deed of John P . Regish dated July 11, 1985,
and recorded in the said Registry in Book 2587, Page 345; deed of the
Estate of Helen A. Pettyjohn dated July 1, 1987, and recorded in the said
Registry in Book 3012, Page 122; and deed of Roger Poulin dated April 20,
1984, and recorded in the said Registry in Book 2445, Page 215 :
DECLARATION OF EASEMENT MAINTENANCE ASSOCIATION
Now come Milton B . Howard and William James Christensen (hereinafter
"Declarant" ) , and hereby make the following declaration imposing the
restrictions of an Easement Maintenance Association on each owner of Lots
7, 19, and 20, as shown on a plan of land designated "Maple Ridge"
prepared for Christensen-Howard, Inc . , by Pharmer Engineering, Inc . , and
the Berkshire Design Group, dated June 26, 1986, final revisions dated
June 10, 1987, and recorded in the Hampshire County Registry of Deeds in
Plan Book 147, Page 23 . Said Easement Maintenance Association shall run
with the land and subject the owner of each of the three lots above
described to the requirements thereof :
1 . Each owner of said lots 7, 19, and 20, their heirs, successors,
and assigns shall be responsible for sustaining, repairing, and
maintaining a common driveway which is located on an easement which i.;
bounded and described more particularly as being a strip of land which is
forty feet in width measured from the north side to the south side and
which has a centerline which is Eight Hundred Thirty--One and Four
Hundredths ( 831 . 04 ) feet in length measured from east to the west . Said
centerline being also the boundary line which separates Lot 19 from Lot 20
as they are shown on the above said plan . Said common drive to be
installed, maintained and repaired at all times so as to be in a good and
passable condition, including without limitation, graveling, snow removal
and grading .
2. The owners, their heirs, successors, and assigns of each of the
said lots shall be responsible to contribute and pay one-third of the cost
of the installation, maintenance, and repair of the above said common
drive .
If any property owner has work done which necessitates digging up
the common driveway for the benefit of said owner and to the exclusion of
one or more of the other lot owners, then said property owner shall be
responsible for returning the driveway to its original condition and
paying for the cost thereof .
3. While the Declarant is the owner of record of one of the three:
lots, it shall be responsible for the administration of the maintenance
function and thereafter the lot owners shall collectively choose one or
more individual lot owners as the administrator or administrators of this
�FP 7r T- - "70"__
p
11. List of Abutters: Address Sheet No. Parcel
P
1 Lots� 7 , 8, 9 , 18 , 19 , 20, and 21 all owned by 36 89 90
2. Milton B. Howard and W. James Christensen
3. Antoinette Wanczyk, 57 Bay Road, Hadley, MA
4. William H and Patricia McLoughlin, 705 Florence Rd. -, Northampton
5 Paul J . and Linda M. DiDonna , 697 Florence Rd. , Northampton
6. Gerard A. and Marie T. L'Haneux 687 Florence Rd Northampton
7. 3A W.E`S T3 0 y(,t 2 5 7)M w 0A CST Jyd"4,4'Uk yTr)g I
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
23. ;,, Mal
24.
25.
26.
27.
28.
29.
30.
(Attach additional sheets, if necessary)
PAIN \P
Do Not Write In These Spaces Application Number:
3 �
rr e Rec'd. B.1. Checked Filed Fee Pd. Recd. ZBA Map(s) Parcel(s)
Date By We Date Amt , Date -�^ By Date
-31 J
F3Z
$9 �b
L!�NOK &M MADE TO THE CITY OF NORTHAMPTONAX21 NZ BOARDLUARRUAM R.Olo60 PLANNING
1. Name of Applicant ristensen•Howard Inc . , Agent
Address 76 King Street , Northampton, MA 01060
2. Owner of Property Chri srPnsPn L> iIJ.i.a.nl-_,James and Mnurnrrt ,_ M 1 t n n R .
Address 76 King Street
3. Applicant is: NOwner; Contract Purchaser; ❑Lessee; ❑Tenant in Possession.
4. Application is made for:
:-]VARIANCE from the provisions of Section page of the Zoning Ordinance of the
City of Northampton.
X1 SPECIAL PERMIT under the provisions of Section 6 • 12 page 6 . I Oof the Zoning Ordinance
of the City of Northampton.
❑OTHER:
5. Location of Property Maple Ridge Road being situated on
the side of Street; and shown on the Assessors' Maps,
Sheet No. 16 Parcels) 89 90
6. Zone gu
7. Description of proposed work and/or use; Declaration of easement and maintenance
association See attached
8. (a), Sketch plan attached; El Yes O No
(b) Site plan: aAttched [A Not Required
9. Set forth reasons upon which application is based: To build a common driveway for
Lots 70 19, and 20
10. Abutters (see instructions; list on reverse side of form).
12. 1 hereby certify that information contained herein is true to the best of my knowledge.
ol
8/18/87 Si !mil
Date Applicants gnatu e
Mi ton B. Howard, Pres .
Christensen-Howard Inc .