41 -066 13131_5_31_2005Bk: 08281 Pg: 115
DECLARATION OF EASEMENTS
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Recorded: 05/31/200512:04 PM
Know all men by these presents that SOVEREIGN BUILDERS, INC., a
Massachusetts corporation of 135 Southampton Road, Westhampton, Massachusetts,
("Declarant"), the owner of land shown on a plan entitled The Ridge Definitive
Subdivision Plans in Northampton, Massachusetts Prepared for Sovereign Builders,
lnc ...... "as endorsed by Northampton Planning Board on May 12, 2005", which Plan is
recorded in the Hampshire County Registry of Deeds in Book of Plans ~05 , Pages
1 \ through ~ u, and described in a deed recorded as aforesaid in Book~~ I ,
Page li_, hereby declare the following easements.
Common Driveway Easement for Lots 7, 81 9 on Book of Plans 2.I'f;:,, Pages
:J..L through~. an easement is hereby declared for a common driveway for
maintenance access and utilities across Lot 8 from Ridge View Road to the point that
the common driveway branches off into three separate driveways on Lot 8. Said
easement is for the benefit of lots 7, 8 and 9 on Book of Plans 1-DS, Pages , I
through '8\.o . The easement shall be 20 feet in width for access in the location shown
on sheet 4 of the above referenced plans entitled "Overall Lot Layout". In addition, Lots
7 and 9 may run their separate utility lines within 10 feet of the Westerly boundary of the
access easement as shown on said plan. Utilities to include but not be limited to
electric, cable television, gas, telephone and water and sanitary sewer. All such utilities
are to be underground utilities. To the extent that such utilities are separate lines
dedicated to service one lot only, the lot owner who benefits from such separate line
shall be responsible to install, insure, maintain, repair and/or replace said utility lines at
such lot owner's sole cost and expense. To the extent that the utility lines so installed
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are common to more than one lot, the owners of the lots benefiting by such atelicity
lines will share equally in the cost to install, insure, maintain, repair and/or replace said
utility lines.
With respect to the common driveway on Lot 8 for the benefit of Lots 7, 8 , 9 and
running from Ridge View Road to the point where the driveway divides into 3 separate
driveways, the owners of Lots 7,8 and 9 shall share equally in the costs of insurance,
installation, maintenance, including snow removal, ice removal and cleaning, repair, or
replacement.
In the event of a shared utility line or shared common driveway, the
determination as to whether a utility line needs maintenance, repair or replacement and
the type and amount of insurance coverage will be made by a majority of the lot owners
benefiting by such shared utility line or common driveway, and such majority decision
will be binding on all owners benefiting by such common driveway or shared utility line.
The majority of the lot owners benefited by such shared utility line or common
driveway shall elect one of the lot owners to be responsible to negotiate and to sign all
contracts respecting such shared utility line or common driveway and such lot owner so
elected will bill all of the lot owners equally for the costs of such insurance,
maintenance, repair, replacement or installation. Such bill shall be paid by all lot
owners within thirty (30) days of receipt of a bill. Should a lot owner fail to pay said bill
within said thirty (30) day period, interest will accrue on said overdue sum at the rate of
eighteen (18%) percent per annum. In the event the lot owner so elected has to
institute collection proceedings against a delinquent lot owner, such delinquent lot
owner will be responsible for all such costs of collection, including reasonable attorneys'
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fees. Any bills for insurance, maintenance, repair, replacement or installation fo such
shared utility line or common driveway shall constitute a lien on the lot of the delinquent
lot owner, which lien will only be subordinate to first mortgages, or liens recorded in the
Hampshire County Registry of deeds prior to the rendering of a bill. The lot owner
elected to render bills may also render statements as to amounts due or that all
payments have been made in full and shall record a certificate in the Hampshire County
Registry of Deeds indicating that such lot owner has been elected to sign contracts and
statements and render bills. Third parties shall be entitled to rely on any such statement
signed by the lot owner whose name appears on the certificate recorded in the
Hampshire County Registry of Deeds as the elected lot owner.
Each lot owner shall also share equally in damages or liability associated with the
operation of common driveway and shared utilities to the extent that such lot owner
benefits by such shared utility lines or common driveway.
Any time work is done on the common driveway or utility lines, upon completion
of such work, the property shall be returned to level grade and to the condition it was in
prior to the commencement of such work.
Easement for driveway and utility lines for benefit of Lot 9 across Lot 8.
Declarant hereby declares an easement across Lot 8 on Book of Plans 10S, Pages
7 \ through '19.o of the Hampshire County registry of Deeds for the benefit of Lot 9
on said plan for a driveway for access to Lot 9 in the location shown on said plan sheet
4 entitled "Overall Lot Layout" from the point where said driveway branches off from the
common driveway to the point of entry on said Lot 9. Said easement will be twelve (12)
feet wide and provide vehicle and pedestrian access to said Lot 9. In addition,
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Declarant hereby establishes an easement to install underground utility lines in Lot 8 for
the benefit of Lot 9 both as shown on Book of Plans 1.0S , Pages 1 l through~
along the Northwesterly line of the driveway easement granted to Lot 9 hereunder.
Also, granting the right to Lot 9 to connect to the utility lines running along the common
driveway. Said underground utility easement shall be ten (10) feet wide and run parallel
to the northwesterly line of the driveway easement declared above.
The owner of Lot 9 shall be responsible to insure, maintain, repair, install and
replace said driveway easement and utility easement and shall at all times keep said
easement in good order and repair and keep a level grade between the common
driveway and the driveway erected by the owner of Lot 9 within this driveway easement.
The owner of Lot 9 shall hold the owner of Lot 8 harmless from any and all damages to
persons or property in connection with the use and/or operation of the driveway and
utility easement.
Easement for driveway and utility lines for benefit of Lot 7 across Lot 8.
Declarant hereby declares an easement across Lot 8 on Book of Plans 20b Pages
""7\ through ~ of the Hampshire County registry of Deeds for the benefit of Lot 7
on said plan for a driveway for access to Lot 7 in the location shown on said plan sheet
4 entitled "Overall Lot Layout" from the point where said driveway branches off from the
common driveway to the point of entry on said Lot 7. Said easement will be twelve (12)
feet wide and provide vehicle and pedestrian access to said Lot 7. In addition,
Declarant hereby establishes an easement to install underground utility lines in Lot 8 for
the benefit of Lot 7 both as shown on Book of Plans ZJ;f;, , Pages "] \ through ~
along the Northeasterly line of the driveway easement granted to Lot 7 hereunder.
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Also, granting the right to Lot 7 to connect to the utility lines running along the common
driveway. Also Lot 7 shall have the right to run its utilities under the common driveway
to the utility lines on the westerly side of said common driveway. Said underground
utility easement shall be ten (10) feet wide and run parallel to the northwesterly line of
the driveway easement declared above.
The owner of Lot 7 shall be responsible to insure, maintain, repair, install and
replace said driveway easement and utility easement and shall at all times keep said
easement in good order and repair and keep a level grade between the common
driveway and the driveway erected by the owner of Lot 7 within this driveway easement.
The owner of Lot 7 shall hold the owner of Lot 8 harmless from any and all damages to
persons or property in connection with the use and/or operation of the driveway and
utility easement.
These easements shall run with and benefit the land described as Lots 6, 7 and 8
on said plan and shall burden and run with Lot 8 on said plan.
Easement across Ridge View Road -Declarant hereby grants an easement to
all of the lots shown on Book of Plans 2..do , Pages , I through~ , being lots 1,
1a, 1b, 2, 3, 4, 5, 6, 6a, 7, 8, 9, City lot, 10, 11, 12 and 13 and to the general public on
said plan to use Ridge View Road as shown on said plan for all purposes for which a
public way may be used, including but not limited to ingress, egress, and utilities. Said
easement shall be maintained, repaired, insured and replaced by a Homeowners
Association to be set up by Declarant to be made up of all the owners of Lots 1 through
13 inclusive on said plan with the exception of the "City Lot" and Lots 1 a, 1 ban 6a.
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Easement for storm Water drainage in lots 1 a, 1 b and 6a as shown on Book
of Plans 2.C£::> 1 Pages 1 \ through <is'te of the Hampshire County registry of
Deeds. Declarant hereby grants an easement to all lots and successors and assigns
shown on Book of Plans 2tE:, , Pages '] \ through 'Q-e beings lots 1, 2, 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13 and "City Lot" as shown on said plan to drain storm water into the
detention basins on Lots 1 a, 1 b and 6a as shown on said plan. Said lots 1 a, 1 b and 6a
on said plan Book '2..0$, Pages'~\-through~ shall be conveyed to a
Homeowners Association to be made up of the owners of lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
11, 12 and 13 on said plan, which Homeowners Association will be responsible to
maintain, insure, repair and/or replace said detention basins and associated
infrastructure including drain lines and pipes on lots 1a, 1b and 6a on said plan.
EXECUTED as a sealed instrument this 3/ day of M~v , 2005.
/
SOVEREIGN BUILDERS, INC.
By~~
Todd Cellura, President "t'f(eJL',U)J/)
COMMONWEAL TH OF MASSACHUSETTS
Hampshire, ss. M,;f 3/ , 2005
,.:pt.A~
Then personally appeared the above named Todd Cellura, President of
Sovereign Builders, Inc. known to me by 'Dn"Vu'5 /..,~i::.. and
acknowledged the foregoing as the free act and deed of Sovereign Builders, Inc., for its
stated purposes, before me
377370
J)Qnn"' L ·
My commission
Notary Public
pi res: 11 1-z. 7; Pf
~ DONNA l. WEXLER
ID Notary Public
Commonwealth of Massachusetts
My Commission Expires
-6 -November 27, 2009
file="~, EGISTER ATTEST: HAMPSBIRB, ......... ~ .......... ._ ___ _
MARIANNE L. DONOHUE