Morningside Drive lot 37 restriction
j)t-9? '~GRECE;iiQ~"~'''''' LAW OFFICES OF MIll 'J .'de Drive..... 82012 I 42 Mommgslhusetts 01062 WILLIAM ST. JAMES DEPT. OF BUILDING ~EcTiONS t' Florence, Massac NORTfiAMPTON, MA 01060
TELEPHONE (413) 586-3341 William St; James FAX (413) 586-9440 Attorney At Law April 16, 2012 Building Department City ofNorthampton 212 Main Street Northampton, MA 01060 oF Re:Lot 37,
Morningside Drive, Florence, MA Dear Sir: I represent Richard and Camilla Humphreys of28 Morningside Drive, Florence. Mr. and Mrs. Humplu;'eys, gifted Lot No, 37;aocated across the street
from their home, to The City of Northampton, by deed dated July 8, 2010, a copy ofwhich is attached hereto. One ofthe abutting property owners ofLot 37, Mark McCormack of53 Morningside
Drive, was intbrmed that the owner ofLot 38 intends to build a driveway on Lot 37 which is apparently being conveyed to him by the City: n~contractor was on site to determine the position
ofa perc test which has so far not been accomplished. ,Please be advised that the deed from the Humphreys to the City restricts any manmade structure ofany kind on this property except
for a septic system or a soil absorption system. Please notifY the person in your Department who approves building permits ofthis restriction. Thank you for your assistance in this matter,
Ifyou have any qUeStiohs, do not hesitate to contact me. Very truly yours, ." , Enclosure cc: Mr. and Mrs. Humphreys
Bk: 1 0230Pg: 206 "'-.--. Bk: 10230Pg: 205 Page: 1 of 3 Reoorded: .071121201011:10 AM Affected Premises: Morningside Drive, FlOrence QUITCLAIM DEED KNOW ALL BY THESE PRESENTS that the
Richard L. Humphreys and Camilla F. Humphreys, 28 Morningside Drive, Florence, MA 01062 ("Grantors"), for consideration paid and in full consideration of ONE DOLLAR (51.00) grants to
THE CITY OF NORTHAMPTON, Massachusetts, thrqugh Its Conservation Commjsslonfor administration, control, and maintenance under the ptovlslons of M.G.L. Chapter 40, §8C, as amended, 210
Main Street, Northampton, MA 01060 ("Grantee"), with WARRANTY COVENANTS, 22,110 square feet ± being knoWD'anddesignated as Lot #37 as shown on a plan entitled "Brookwood, a subdivision
in Nortbampton, Mass., Hampshire American Homes, Inc., owner," dated Feb. 1960 and recordedifrthe Hatnpshire Registry ofDeeds in Plan Book 56, Pages 96101 inclusive; Together with a
right of;way in common with oth~rs lawfully entitled to use the same" over Morningside Drive and (})ountry Way, as showri on said plan, for aU purposes for which highways are~common1y*ed;
Subject to encumbrances ofrecord, including easements granted to New England Telephone and Telegraph Co. dated-i115/1969 and recorded in the Hampshire Registry of Deeds in Book 1545,
Page 514 and 516; Subject Declaration ofR~~trictive Covenants dated 10/24/1960. and recorded in t1ieH~pshire Registry ofDeeds in Book ~340, Page 191; Subject to a restrictionthat'rio
building and no man-made structure ofany kind, including asphalt, concrete, gravel or any impervious material, will be built on the property, but expressly not prohibiting a septic tanklsoil
absorption system or other components ofa wastewater disposal system with the intent to preserve properties natural wooded character; Grantor and Grantee understand and covenant that
it is desirable and it is their intent that the land being conveyed eventually be used as "trade land" to allow the city to trade this property for land
Bk: 1 023l)Pg: 206 adjacent to the Broad Brook/Fitzgerald Lake Conservation Area, and this conveyance is subject to the reservation of a right to transfer or convey all or a portion
of the interest to achieve that goal, subject to the above restriction that a building will not be built on the property. Grantor hereby appoints Grantee itsattomey in fact to execute
any instruments necessary to affect such a transfer. As such this land is not being acquired for open space purposes subject to Article 97 of the Amendments to the Massachusetts Constitution.
Being the property conveyed to the Grantors by warranty deed recorded in the Hampshire Registry ofDeeds in Book 3116. Page 81. Authority for this purchase comes from an Order passed
by the Northampton City Council and attached hereto as Exhibit A. I ' , ~~.Executed as a sealed instrument this ~day 0_ UO2010. RICnIJRci /... (/ff/lYJjJ hlhfS CfrMt/,a..::;:: #vrlfI'h/ellS
COMMONWEALm OF MASSACHUSETTS Hampshire, ss. On this i.f..... day ~f1~ . 201O,before me the undersigned notary public, personally appeared Richard L.~eysand Camili8 ,F~ Humphreys, and
proyed to me through satisfactory evidence ofi4.mtification, which waS [] Driver's LicensesllPersonalknowledgeOf the signatory's identity. to be the persons whose name is signed on the
preceding or attached document. and acknowledged to me that they sig:ry.Ki it volun1lJ.ti1y for its -stated purpose. \\,\lIUII/.~oi.AnlPtlblic : ./,/., ---_(-.jl.:s~~ssionExpU'es: q
6/,,"\p..M..~!-..l://; , ~~".~..li\SS/O~:·,~ 7.1'1_~ ... -"s:. " "'" ~Bel1'v~:.'? ,..... .,.. :Oo.,,~ .A. 6'~" ~.... :: ::..~.~ -' "6~\ (J) ::. -::10 ~-...m: -*l -,_ _ WC/); -...',,
-SJ:.*-.... -; cJ;1t~p.tb.~.r$c ~ "*'~~"''firrff\\\\'\' '"
Bk: 10230 Pg: 207 I3j/l:J1f:17 ,4 CITY OF NORTHAMPTON MASSACHUSETIS I I I ...!).n .dt,! eounci~ .............................................................ApriL8.•.20.1'O...........................
.............. Upon the recommendation ofthe Conservation Commission and Councilor Gene Tacy •• , t ......... ~ •••"4 ••••• ~".~ ........ ~~ ...............~ ....... ~ ...... 5 ..........
~" •••• * ... " .... '."".""~'~.~.".~ ..... s ...................~ ...................................... " ............"...................... . O,.den/., lkal WHEREAS, the Open Space
and Recreation Plan: 2005-2010 recommends expansion of the Fitzgerald Lake Conservation Area; rind WHEREAS, the Richard L. and Camilla F. Humphreys'have agreed to donate a parcel (Map
ID 12C-I02) that they own on the north side ofMomingside Drive near Fitzgerald Lake Conservation Area, ijJbject toa deed restriction that no building will be built on the land; and ?
' • WHEREAS, .the Humphreys parcel may be useful for trade land to allow the acquisition ofland on the southerly side of Morningside Drive abutting Fitzgerald Lake ConservatioIl Area
(Map ID 12C7'097) and otherwise is useful to protect the watershed of Fitzgerald Lake Conservation Area; NOW, THEREFORE BE IT ORDERED City Council authorizes the Conservation Commi!':sion
to accept said deed for the Humphreys parcels as outlined in this' Order; and ~ Further, City Council declares such Humphreys parcel surplus and authorizes its sale ifsuch sale will
ensure the expansion of Fitzgerald Lake Conservation Area on the south side ofMomingside Drive. In City CounCil, Aprt115, l010 Rules suspended, passed two readings and enrolled. Attest:
~........" ';;/. ~lerkof Council \ Approved: Mary Clare Higgins, Mayor A.ms'l'. ~8BIRB, fJJ_~GISTEB A true copy• .6lAltIA:NN'lII 1.. DONOHUE Attest: ~~ot~~9Ierkof Council :j..