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43-148 (4) _- 1 r � CITY OF NORTHAMPTON, MAS S. August 3, 19 95 THE BOARD OF PUBLIC WORKS The undersigned respectfully petiition your honorable body for Permission to install driveway at 111 Whittier Street -9/ Fifteen (15) foot maximum width at the street line. Gutter drainage not to be disturbed. All drainage shall be directed off the driveway surface to adjacent land and not on the existing roadway. Driveway surface to be paved if the grade of the proposed driveway exceeds 3% or more. ***This is a Common Driveway - See Driveway Permit 113 Whittier St. Lot 40 rarsons brook By: („1/7/r, � Edward P. Hamel' 155 Glendale Road, Southampton, MA Proposed Location Inspected by: ' %,i ^) Gravel Base Grade Inspected by: Final Approval: THE BOARD OF PUBLIC WORKS Voted that petition be granted. $25.00 Fee Paid ✓ 774_. -SiF Samuel B. Brindis, P.E. , Director of Public Works (SUBJECT TO ATTACHED CONDITION 1 & 2) f Conditions: Driveway Permit In lieu of plan approved by City Engineer I agree to the following added conditions: 1) I will contact the Department of Public Works and have an inspector check and approve the graded gravel base prior to paving to insure compliance with slope and location; 2) I further agree that if in the inspections any of the permit conditions are not met that I will at no expense to the City remove and replace the driveway as directed by the City Engineer. By: :!&7'.',C!//2( ';4/771‘-4 Petitioner NOTE: The Public Works Department recommends that you provide a plan showing the proposed driveway with grades and location in the future to avoid possible expense which you will incur by not getting approval of actual plans in advance. rg Doc: 940015306 OR /4507/0115 06/30/1994 09:28 j r i `6' R U U it I AUG 2 2 I: F COMMON DRIVEWAY EASEMENT AGREEMENT DEPT Df 3UlLD!FdG tPJWTIr}NS AND DECLARATION OF MAINTENANCE COVENANTS ! NORTHAETO?V lv9r;OJD60 Property Address: Lot 40 and Lot 41 Parsons Brook Subdivision, Northampton, MA INVESTMENT PARTNERS, INC. a Massachusetts Corporation with a principle place of business at 1380 Main Street, Hampden County, Springfield, Massachusetts, its successors and assigns, owner of Lot Forty-One (41) and Edward P. Hamel and Mary M. Hamel, both of 155 Glendale Road, Southampton, MA, their heirs, successors, executors and assigns, the owner of Lot Forty (40) , (the "Hamels") (hereinafter jointly the "Declarants" and their respective properties together referred to as the "Lots") , as shown and designated on a Plan entitled " Definitive Subdivision of Land in Northampton, Massachusetts prepared for Investment Partners, Inc. " prepared by Almer Huntley, Jr. & Associates, Inc. , dated September 13 , 1989, and recorded in the Hampshire County Registry of Deeds in Plan Book 166, Page 72-80, in contemplation of the development of said Lots Investment Partners, Inc. hereby declares and grants to the Hamels an easement (the "Easement") to be located on said Lot Forty-One (41) for the benefit of Lot Forty (40) for the purpose of installing, locating, maintaining, replacing and patrolling: 1) wires, pipes and associated structures for the purpose of providing water and other usual utility services; and 2) a common driveway for access and other such purposes for which a way to the several Lots may be used. This Easement more particularly set forth in Exhibit "A" attached hereto and made a part hereof shall be located within the area hereinafter referred to as the "Easement Area" . The Easement shall consist of a common driveway fifteen (15 ' ) feet in width Doc: 940015306 OR /4507/0176 06/30/1994 09:28 together with the 5 ' X 25 ' turnout area as it is set forth in Exhibit "A" hereto. The Easement Area shall be that space surrounding the Easement and extending ten (10 ' ) feet from any Easement boundary. Once the common driveway and turnout have been constructed, their location shall remain fixed and shall not be relocated except by a written amendment to this Easement Agreement executed by the owners of the Lots and recorded in the Hampshire County Registry of Deeds. Investment Partners, Inc. , by establishing this Easement and Easement Area located on Lot Forty-One (41) intends that it be an easement appurtenant to Lot Forty (40) ; that it shall run with the land upon its conveyance; and that the Easement shall remain in existence even in the event that both parcels come under common ownership unless the common owner thereof records a declaration otherwise in the aforesaid Registry of Deeds. This perpetual Easement shall contain the non-exclusive right and obligation by the owners of the Lots to enter the entire Easement Area, to excavate, lay, construct, maintain, replace and rebuild the common driveway and turnout located within the Easement Area. It shall be the responsibility of the owner(s) to maintain the common driveway in a good serviceable condition, this requirement shall include but be not limited to the removal of leaves, debris, accumulations of snow and ice such that the common driveway shall at all times provide safe vehicular and pedestrian travel and access to the Lots. This requirement shall not apply to the grantor herein, Investment Partners, Inc. , while it owns Lot Forty-One (41) , but 2 • Doc: 940015306 OR /4507/0177 06/30/1994 09:28 1! shall be immediately binding and effective upon the subsequent owner thereof upon its conveyance. It is the intention of the Declarants that the routine maintenance of the common driveway be performed in neighborly good faith by the owners of the Lots with each lot owner bearing one half of the actual cost of such reasonable maintenance as determined between respective owners. Notwithstanding the preceding and in the event either the Lot Forty (40) or Lot Forty-One (41) owner refuses to bear their fair share of the actual maintenance and/or restoration expenses incurred, excluding those for utility installation and maintenance purposes, but concerning the common driveway or turnout, the other Lot owner may undertake and have performed such work as may be reasonably required to restore the common driveway, turnout and Easement Area to its prior condition and shall be entitled to bring an action for contribution, including all costs and attorneys fees of the non-breaching party against the non-cooperating lot owner in any court of competent jurisdiction within the Commonwealth. To the extent that wires, water lines, other utilities and their associated structures are located with the Easement Area, the owner of each lot shall be solely responsible for all costs associated with the installation and subsequent maintenance and repair of those utility lines, pipes and wires serving each respective lot as well as the affected portions of the common driveway. The Declarants, their respective successors, heirs, executors and assigns as the case may be shall make no other use of the Easement Area which would interfere with the exercise of the rights 3 Doc: 940015306 OR /4507/0178 06/30/1994 09:28 conveyed herein. The owners of the Lots shall not erect any permanent structures nor shall there be permitted any permanent plantings within the Easement Area which shall, at any stage of present or future growth, interfere with safe passage on the driveway or with the overall ingress/egress to or from the Lots. Any undertaking for repair and/or replacement of the common driveway within the Easement area shall include the replacement of any and all surface material damaged or altered during the exercise of the rights conveyed hereunder and shall include the restoration and repair of any excavation to the grade and condition existing immediately prior to the work being undertaken. For title reference see: Lot 41: Book 3358 , Page 89 Lot 40: 1994 Document Number: J530. . 8k. 4/5o7 —py. /7/ IN WITNESS WHEREOF, Investment Partners, Inc. has caused these presents to be executed as a sealed instrument and delivered thisA day of e 1994 . INVESTMENT PARTNER INC. By fitness G David it t � filidAR-e Its e• ident and Treasure 4 ' Doc: 940015306 OR /4507/0179 06/30/1994 09:28 Witness our hands and seals this v�9 _ day of June 1994 . i 4delei-...9i- Witness Edward P. Hamel - . aLl„„Ax___ Witness Ma P. +mel COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. June (' , 1994 1 Then personally appeared th= above amed David A. Shrair, President and Treasurer of nvestm-i Partners , Inc-;• :-.and acknowledged the foregoing instrument to 4,* • ea act and . deei, before me, ) Notary bublic • My Co n iss- N0 'wria0.- e_ ; LS,Notary Public •• -•• ,on Expires April 6, 1995 COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. June c , 1994 Then personally appeared the above named Edward P. Hamel and Mary P. Hamel and acknowledged the foregoing instrument to be his free act and deed, before me, lej C:=7; ---- Notary Public w .ri,. .....,,, , My Commission Expires: � , /&/ a00, DEPT OF BUILDING INSPECIONS NORTHAMPTON MA 01060 00106461 5 1 . . EXHIBIT A : 940015306 OR /4507/0180 06/30/1994 09:28 Common Driveway Easement Over Lot 41 For The Benefit of Lot 40 •/ � /. \ \ \ J) f.1!1121 > \ \ ,-Aq---/ riI /� y > �: - r . o Lot 40 tr .'4-,q: 15t,J, Oe ' 4)/), 1'4 Turnout - 5' X 25' jr ;".‘ (( \ \ \ 11/1#7 ----\ , ----- 1 /l&? ST , Note: Sketch is not to scale. The Easement is 15' wide, except for the Turnout which adds 5' in width over its 25' length. The Easement Area is that area which includes the Easement and extends around the Easement io' in all directions. ATTEST: RAMPSHIRE. fileilti" REGISTER IINZE✓ L. DODIQHUF