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36-089 (4) 00 22 0 A. ?. K=15(10 00 � h ( x 3 Fs S a C - Oo C-4Z 0g7 <l3 A = Sov i9 C'3z°6s `30 Iqz'g C°/.Z ?'0 �S 00 a� � o � o Y x•988 4 c 1 �` 20 t 1- 3 �_ 02 0 AA 4c Ii, A> h cTI. CA, N o C o � kp � 7 .0 5 o5ipl IZ X338 o . N 05° 01 IZ "W Z43,38' w `�I J �J 9° O r ° - Co \� m ()D ►� \� N N 0 ` ➢ I R D- 3\� 00 = rtr N 'v d � 4q2 34' �-/tea �17' 2`� '4 � ZN 1'I ,Z4 �4W q.g3.� Ac ti- x O 7 z g 3 A c, 52�! 2 U ° ='70 z7z G\ �C. ,� D uH� � Z7Z 14� \ti ��t �1ft�(i'1 0. r � O Zj4 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 .