34-036 (22) Being a portion of the premises conveyed to the grantor by deed of James F. Wzorek, Sr. and
Christine Wzorek, dated December 18, 1986, and recorded in the Hampshire Registry of Deeds
in Book 2875, Page 165.
Executed as a sealed instrument this day of January, 2007.
JEDORON REALTY, INC.
By
Witness Ronald K. Dahle
President and Treasurer
Duly Authorized
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this day of January, 2007, before me the undersigned notary public, personally
appeared RONALD K. DAHLE, President and Treasurer of JEDORON REALTY, INC.,
and proved to me through satisfactory evidence of identification, which was [ ] Driver's
Licenses [ ] Personal knowledge of the signatory's identity [ ] Other:
, to be the person whose name is signed on the preceding or attached
document, and acknowledged to me that he signed it voluntarily on behalf of Jedoron Realty, Inc.
for its stated purpose.
Notary Public
My Commission Expires:
Together with a drainage easement on Lot 1 as shown on the lot plan, which easement is shown
as "Drainage Easement D-1" on the easement plan to be recorded herewith. The Grantee herein,
its successors and assigns, shall be solely responsible for the construction, maintenance, repair
and replacement of any stormwater management facilities located within the easement area, and
for compliance with all federal, state and local laws, statutes, regulations, and ordinances relating
thereto.
Together with a drainage easement on Lot 2 as shown on the lot plan, which easement is shown
as "Drainage Easement D-2" on the easement plan to be recorded herewith. The Grantee herein,
its successors and assigns, shall be solely responsible for the construction, maintenance, repair
and replacement of any stormwater management facilities located within the easement area, and
for compliance with all federal, state and local laws, statutes, regulations, and ordinances relating
thereto.
Reserving to the Grantor, its successors and assigns for the benefit of Lot 2 as shown on the lot
plan, a drainage easement, which easement is shown as "Drainage Easement D-3" on the
easement plan to be recorded herewith. The Grantee herein, its successors and assigns, shall be
solely responsible for the construction, maintenance, repair and replacement of any stormwater
management facilities located within the easement area, and for compliance with all federal, state
and local laws, statutes, regulations, and ordinances relating thereto.
Reserving to the Grantor, its successors and assigns for the benefit of Lots 1 and 2 as shown on
the lot plan, an easement on, over and under Lot 3 for access by foot or vehicle over the common
access way to be constructed thereon, for drainage associated with such access way, and for the
installation, maintenance,repair and replacement of utility lines. Such easement is shown as
"Easement 2" on the easement plan to be recorded herewith. Such easement shall be used for
the purposes for which public ways are used in the City of Northampton. 'The owners of Lots 1
and 2 shall be solely responsible for the maintenance and repair of the access way pursuant to a
Common Driveway Maintenance Agreement to be recorded herewith.
Reserving to the Grantor, its successors and assigns, a temporary access easement over Easement
2 as shown on the on the easement plan to be recorded herewith for the benefit of the remaining
land of the Grantor located northerly of Turkey Hill Road. Such temporary easement shall expire
on August 31, 2007.
This deed does not constitute a transfer of substantially all of the assets of the Grantor.
In accordance with Special Condition 18 of the Amended Order of Conditions issued by the
Northampton Conservation Commission, dated June 13, 2002 and recorded in the Hampshire
Registry of Deeds in Book 6728, Page 89, the Grantor hereby gives the following notice:
This property is subject to the Northampton Wetlands Protection Ordinance and/or
Wetlands Protection Act. Any construction or maintenance work performed on this
property requires an Order of Conditions, and/or a Determination of Applicability from
the Northampton Conservation Commission.
Affected Premises:
Turkey Hill Road, Northampton
QUITCLAIM DEED
KNOW ALL BY THESE PRESENTS
that JEDORON REALTY, INC., a corporation organized under the laws of the State of
Connecticut with principal offices in Farmington, Connecticut,
for consideration paid and in full consideration of THREE HUNDRED THOUSAND and
00/100 DOLLARS ($300,000.00)
grants to 636 ASSOCIATES CONSTRUCTION MANAGEMENT, INC., a corporation
organized under the laws fo the State of Connecticut with principal offices at 2 Gordon Street,
Simsbury, Connecticut,
with QUITCLAIM COVENANTS,
the land in Northampton, Hampshire County, Massachusetts, containing 3.1292 acres, more or
less, and shown as Lot 3 on a Plan of Land in Northampton, Massachusetts, Prepared for Jedoron
Realty, Inc., dated June 11, 2006, by Holmberg& Howe, Inc., Land Surveyors and Civil
Engineers, which plan is recorded in the Hampshire Registry of Deeds in Plan Book 211, Page 12
("the lot plan").
Together with an easement on and over Lot 2 for access by foot or vehicle over the common
access way to be constructed thereon, the use of which easement is limited to emergency access
to Turkey Hill Road. Such easement is shown as "Easement 1" on a Plan of Easements Prepared
for Jedoron Realty, Inc., dated September 12, 2006,by Holmberg& Howe, Inc., Land Surveyors
and Civil Engineers ("the easement plan"), which plan is to be recorded herewith.
Together with an easement on and under Lot 2 as shown on the lot plan for the installation,
maintenance, repair, and replacement of a sanitary septic system and for access thereto, which
easement is shown as "Easement 1" on the easement plan to be recorded herewith. The Grantee
herein, its successors and assigns, shall be solely responsible for the construction, maintenance,
repair and replacement of any element of the septic system located within the easement area, and
for compliance with all federal, state and local laws, statutes, regulations, and ordinances relating
thereto.
Together with two (2) grading easements on Lot 1 as shown on the lot plan, which easements are
shown as "Grading Easement A" and"Grading Easement B" on the easement plan to be recorded
herewith.
Executed as a sealed instrument this day of January, 2007.
JEDORON REALTY, INC.
By
Witness Ronald K. Dahle
President and Treasurer
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss.
On this day of January, 2007, before me the undersigned notary public, personally
appeared Ronald K. Dahle, President and Treasurer of Jedoron Realty, Inc., and proved to me
through satisfactory evidence of identification, which was [ ] Driver's License [ ] Personal
knowledge of the signatory's identity [ ] Other: _, to be the person
whose name is signed on the preceding or attached document, and acknowledged to me that he
signed it voluntarily on behalf of Jedoron Realty, Inc. for its stated purpose„
Notary Public
My Commission Expires:
-3-
5. The Lot Owners shall meet a minimum of once each year to review the condition of the
Common Driveway. The Lot Owners shall determine together when, to what extent, and
in what manner, maintenance, repairs, reconstruction, and other work on the Common
Driveway shall be conducted.
6. If any Lot Owner has work done which necessitates excavation within the Common
Driveway for the sole benefit of said owner, said Lot Owner shall be responsible for
returning the Common Driveway to its original condition and paying for the cost thereof.
7. Notwithstanding anything in this agreement to the contrary, each Lot Owner shall be
liable for any and all damages above and beyond normal wear and tear caused to the
Common Driveway by the Lot Owner,his agents or guests.
8. In order to ensure the continued maintenance, repair, and reconstruction of the Common
Driveway, the rights and obligations established by the Agreement shall run with the fee
simple ownership of the land covered hereby, and said land shall be conveyed together
with and subject to this Agreement.
9. The failure of any party to abide by this Agreement shall not act to forfeit that party's
rights under the easement recorded herewith, but shall give rise to debt. In the event of
legal action between the parties concerning their obligations under this Agreement, the
prevailing party shall recover, as part of the damages, all costs of collection, including
reasonable attorney's fees.
10. The obligations of a Lot Owner under this Agreement shall continue regardless of
whether he or she resides on the premises.
11. The Lot Owners shall hold each other harmless for any liability incurred as a result of
their use of the Common Driveway so long as such liability does not arise from a failure
to maintain the Common Driveway as required by this Agreement.
12. This Agreement may be modified only by the unanimous agreement of the Lot Owners,
with such modifications to be in writing and recorded with the Hampshire County
Registry of Deeds.
13. Each Lot Owner, his heirs, executors, administrators, assigns and successors in interest,
acknowledge by the acceptance of the deed to any of the lots that are the subject of this
agreement that he or she shall be bound by the terms thereof in order to ensure the
continued proper maintenance of the Common Driveway and facilitate the easy passage
of motor vehicles, including emergency vehicles.
-2-
COMMON DRIVEWAY MAINTENANCE AGREEMENT
TURKEY HILL ROAD, NORTHAMPTON,MASSACHUSETTS
Jedoron Realty, Inc., a corporation organized under the laws of the State of Connecticut
with principal offices in Farmington, Connecticut, (hereinafter"Jedoron") hereby imposes the
following terms and conditions of this agreement on those parcels of land shown as Lots 1 and 2
(hereinafter individually"Lot Owner" and collectively"Lot Owners ")on a Plan of Land in
Northampton, Massachusetts, Prepared for Jedoron Realty, Inc., dated June 11, 2006,by
Holmberg & Howe, Inc., Land Surveyors and Civil Engineers , which plan is recorded in the
Hampshire Registry of Deeds in Plan Book 211, Page 12 (hereinafter"the lot plan"). This
agreement shall run with the land, subject both Lot Owners to the rights and obligations created
hereunder, and shall be binding upon the respective legal representatives, successors in title and
assigns of both Lot Owners.
1. Both of the lots encumbered hereby are (or, upon conveyance shall be) subject to and
benefitted by easements for access over a common driveway extending from the
southerly sideline of Turkey Hill Road to the point at which those accessing Lot 2 turn to
the west, off the common driveway and onto a driveway serving only Lot 2, which point
is approximately 220 linear feet from the southerly sideline of Turkey Hill Road
(hereinafter"the Common Driveway"). In addition, Lot 3 as shown on the lot plan shall
have easement rights for emergency access to Turkey Hill Road. Lot 3 shall not,
however, have any obligation to maintain the Common Driveway as provided herein. The
easements referenced herein are identified as Easements 1 and 2 on a Plan of Easements
Prepared for Jedoron Realty, Inc., dated September 12, 2006, by Holmberg &Howe,
Inc., Land Surveyors and Civil Engineers (hereinafter"the easement plan"), which plan
is to be recorded herewith.
2. Jedoron shall be fully responsible for the costs of the initial installation and construction
of the Common Driveway, including all drainage facilities and landscaping. The
driveway shall be constructed to the specifications of the City of Northampton.
3. Upon completion thereof, the obligation to, maintain, repair, reconstruct and insure the
Common Driveway shall be divided equally between the owner of Lot 1 and the owner
of Lot 2.
4. The joint obligation hereunder to maintain the Common Driveway shall include
maintenance of all utilities, stormwater drainage, and landscaping associated therewith,
and shall require that the Common Driveway, be kept in a good and passable condition
and in compliance with City of Northampton standards at all times, including but not
limited to, grading, mowing, surfacing, snow removal, re-grading and landscaping, so as
to provide proper and unobstructed access for all vehicles, including emergency vehicles.
-1-
Bk: 08681 Pg: 305
a • M 4
Planning Board - Decision City of Northampton
Hearing No.:PLN-2006 0041 Date:March 24,2006
Notice ofAppeal
An appeal from the decision of the Planning Board may be made by any person aggrieved pursuant to MGL Chapt.40A,Section 17 as
amended within twenty(20)days after the date of the filing of the notice of the decision with the Clty Clerk.The date is listed above.
Such appeal may be made to the Hampshire Superior Court with a certified copy of the appeal sent to the City Clerk of the City of
Northampton.
D CEC "9
D
MAR 24 2.006
CITY CLERKS OFFICE
NORTHAMPTON MA 01060
April 14, 2006
I, Wendy Mazza, City Clerk of Noarthampton, hereby certify that the above Decision-of the
Northampton Planning Board was filed in the Office of the City Clerk on March 24, 2006,
that twenty days have elapsed since such filing and that no appeal has been filed in this
matter.
Attest:
City Clerk-City of Northampton
GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. ..
ATTEST: H,AMPSHIRB, �--r- (3I8'TEIR
UAfIJ AMM L. DONOFM
Bk: 08681 Pg: 304
Planning Board - Decision City of Northampton
Hearing No.: PLN-200 6-0041 Date:March 24, 2006
through the Approval Not Required process. Sound end sight buffers and views,light,and air will be protected because this phase of the
project will permanetly protect open space while allowing development In an area that has previously been excavated for gravel
extraction.
B. The requested use will not affect acces of pedestrians to the site and will not have a negative affect on traffic since this project Is
located at the end of Turkey Hill Rd. A series of existing trolls provide pedestrians with offstreet access to the lots and open space.
Mitigation is not required per section I I R2B)and If ANR lots are created beyond this project,mitigation in conformance with 11.6(2)will
be provided.
The projec4 Including any concurrent road Improvements,will not decrease the level of service(LOS)of all area roads or intersections
effected by the project below the existing conditions. This project will eliminate the truck traffic that have historically been generated at
the site due to gravel and rock quarrying.
C.The requested use will promote a harmonious relationship of structures and open spaces to the natural landscape,existing buildings
and other community assets in the area. Prominent ridges and open space habitats will be permanently protected with public access.
D.The requested use will not overload,the City's resources including the effect on the City's water supply and distribution system,
sanitary and storm sewage collection and treatment systems,Are protection,streets and schools. A stormwater management permit has
been Issued by the Department of Public Works and the site will be served by private water and sewer infrastructure. A crash gate
between the townhouse lot and the private common driveway will provide additional access for emergency vehicles N necessary.
E.The requested use meets the criteria in section 5.2 for common driveways,6.13 for flag lots and 10.5 for cluster open space
requirements.
F.The requested use bears a positive relationship to the public convenience or welfare. The open space portion of the property will be
open for public access and will add 29 acres to the City of Northampton's open space holdings,with future potential addition of 100
additional acres on the opposite side of Turkey Hill Rd.
G.The requested use will promote City planning objectives identified in the City of Northampton Open Space and Recreation Plan and
Vision 2020 document.
H.Compliance with the following technical performance standards:
1. Curb cuts onto streets have been minimized,with two curb cuts to serve 11 residential units on three lots.
2.Pedestrian,bicycle and vehicular traffic movement on site have been separated to the extent practicable.
COULD NOT DEROGATE BECAUSE:
FILING DEADLINE: MAILING DATE: HEARING CONTINUED DATE: DECISION DRAFT BY: APPEAL DATE:
3/2/2006 311612006 4/6/2006
REFERRALS IN DATE: HEARING DEADLINE DATE: HEARING CLOSE DATE: FINAL SIGNING BY: APPEAL DEADLINE:
319/2006 511112006 3/23/2006 41612006 4/13/2006
FIRST ADVERTISING DATE: HEARING DATE: VOTING DATE: DECISION DATE:
3IW2006 123/2006 3/2312006 312412006
SECOND ADVERTISING DATE: HEARING TIME: VOTING DEADLINE: DECISION DEADLINE:
311612006 10:50 PM 6/21/2006 6/21/2006
MEMBERS PRESENT: VOTE:
Frances Volkmann votes to Grant D ( U�Je nnifer Dieringer votes to Grant l U \J D George .Russell votes to Grant ETMA 4 2006
Francis Johnson votes to Grant
George Kohout votes to Grant CiTY CLERKS OFFICE
NORTHAMPTON MA 01060
David Wilensky votes to Grant
MOTION MADE BY: SECONDED BY: VOTE COUNT: DECISION:
Francis Johnson David Witensky Approved with Conditions
MINUTES OF MEETING:
Available in the Offlce of Planning&Development.
1,Carolyn Misch,as agent to the Planning Board,certify that this is a true and accurate decision made by the Planning Board and certify
that a copy of this and all plans have been Hied with the Board and the City Clark on March 24,2006.
i certify that a copy of this decision has been malted to the Owner and Applicant
GeOTMSO 2006 Des Laurlers Municipal Solutions,inc.
Bk: 08681 Pg: 303
Planning Board - Decision City of Northampton
Hearing No.:PLN-2006.0041 Date:March 24,2006
k:
APPLICATION TYPE: SUBMISSION DATE: Recorded: 04114/2008 11:32 AM
PB Special Permit with Major Site PI 3/7/2006
Applicant's Name: Owner's Name: Surveyor's Name:
NAME: NAME: COMPANY NAME:
City of Northampton JEDORON REALTY INC.
ADDRESS: ADDRESS: ADDRESS:
Ofirce of Planning&Development P O BOX 344
210 Main Street
TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE: TOWN: STATE: ZIP CODE:
NORTHAMPTON MA 01060 FARMINGTON CT 06034
PHONE NO.: FAX NO.: PHONE NO.: FAX NO.: PHONE NO.: FAX NO.:
EMAIL ADDRESS: EMAIL ADDRESS: EMAIL ADDRESS:
Site Information:
STREET NO.: SITE ZONING:
TURKEY HILL RD RR
TOWN: SECTION OF BYLAW:
NORTHAMPTON MA 01060 Section 10:Special Permit
MAP: BLOCK: I LOT: MAP DATE: ACTION TAKEN:
34 002 001 Granted with Conditions
Book: Page:
2875
NATURE OF PROPOSED WORK:
Create one flag lot,with an open space cluster comprised of one townhouse lot for 9 units and one single family house lot.
HARDSHIP:
CONDITION OF APPROVAL:
1.Prior to Issuance of a building permit for any lots,the applicant must submit proof of recording of
driveway maintenance agreements and easements.
2.The home on the flag lot(lot 1)shall be sprinklered with cistern reserve to meet on-site fire—r-,--I protection standards.
U U 3.Prior to construction of the roadway extension,the developer shat!post a bond with Department of
Public Works with at least a 15%contingency and shall be approved by Department of Public Works.
r�4� �
n 4.Prior to construction of the roadway,the developer shall submit draft easement language to the
7 �� Department of Public Works that grants the city a permanent easement to turn utility,plow and any
Z CCn' a other city vehicle conducting maintenance on Turkey Hill Road. The easement shall stipulate that the
o �, Department of Public Works will not be held responsible for properly damage adjacent to the
D-n °o v hammerhead and/or septic system. The easement shall be recorded upon approval by Department of
CD m rn Public Works.
c�
o G� S.Any portion of the driveway that is greater than 3%within 100'of Turkey Hill Road must be paved.
6.Prior to the Issuance of any building permit,the developer shall pave Turkey Hill Road up to the
point of the driveway as shown on the land.
7.Because traffic mitigation is requested to be waived,if any Approval Not Required(ANR)lots with
frontage on Turkey Hill Rd.are developed west of Flag lot 02,a$2,0001unit in-lieu of mitigation for
those lots shall be required prior to Issuance of a building permit for any such ANR lots.
The Planning Board granted the Special Permit for one flag lot and a cluster open space development with a common driveway based on
the application,Including&*Mc counts by Pioneer Valley Planning Commission and the following plans submitted with the application:
1. "Turkey Hill Road Limited Development"stamped by Sara Campbell,PE,Dated March 6,2006.
The Planning Board found:
A.The requested use protects adJolning premises against seriously detrimental uses. Flag lots and cluster open space residential
developments are allowed by special permit and are consistent with the devleopment of the ac(jolning parcels on Turkey Hill Road. The
overall development with the open space protection will result In a smaller footprint of development than what could be developed
GeoTMS®2006 Des Laurlers Municipal Solutions,Inc.
Anthony Patillo
Building Commissioner
February 26, 2007
Page 2
The issue arises because as a matter of law a landowner cannot grant an easement to itself. Since
Jedoron owns all three lots, it cannot grant itself the driveway easements called for in the
decision. Therefore, those easements must await the deed to 636. However, under the purchase-
sale agreement, the closing is to take place upon issuance of the building permit. Hence a
"chicken-egg" conundrum.
I would like to propose a reasonable solution to this issue by moving the requirements of
condition 1 to the issuance of the certificate of occupancy for the first of the nine units. I can
assure you that both the Agreement and the Easements will be recorded at the time of the
conveyance to 636, long before 636 puts the first shovel into the ground. In the alternative, I
would be willing to act as an Escrow Agent to hold the building permit pending the recording of
the Agreement and the Easements. I would agree, in writing, not to release the building permit to
636 until and unless those instruments are recorded. As Escrow Agent, I would have the
unconditional authority to release the building permit upon recording of both instruments. In that
way, the City will be assured that the needed instruments are of record before the building permit
is tendered to 636, and 636 will be assured of its building permit subject only to the recording of
those instruments.
I would be pleased to discuss this matter with you at any mutually convenient time. As always,
thank you for your kind consideration of this matter.
Very truly yours,
n>Seekla d
AS/A
encl.
xc: Jedoron Realty, Inc.
John E. Drost, Jr.,Esq.
Wayne Feiden, AICP
Carolyn Misch, AICP
SEEWALD, JANKOWSKI & SPENCER, P.C.
Attorneys at Law
Alan Seewald Five East Pleasant Street
Deborah Tobie Jankowski Amherst,Massachusetts 01002
- ,
Robert J.Spencer (413)549-0041 (Telephone)
Kristi A.Bodin (413)549-3818(Facsimile)
Email:AS@SJSAmherst.com
February 26, 2007
Anthony Patillo
Building Commissioner
City of Northampton
Puchalski Municipal Building
212 Main Street
Northampton, MA 01060
RE: Lot 3, Turkey Hill Road,Northampton, Massachusetts
Dear Mr. Patillo:
I represent Jedoron Realty, Inc. ("Jedoron"), which holds record title to three (3) lots on Turkey
Hill Road, see Exhibit A, which are the subject of a Special Permit issued by the Planning Board
on March 24, 2006. See Exhibit B. I am writing to you to try to resolve a conflict between
condition 1 of the Special Permit and the agreement between my client and 636 Associates
Construction Management, Inc. ("636"), the contract purchaser of Lot 3 as shown on Exhibit A.
Lots 2 and 3, as shown on Exhibit A, will utilize a common driveway extending from the
southerly sideline of Turkey Hill Road to the point at which those accessing Lot 2 turn to the
west off the common driveway, and onto a driveway serving only Lot 2, which point is
approximately 220 linear feet from the southerly sideline of Turkey Hill Road. See Exhibit C.
As you undoubtedly know, these lots were approved as part of a development scheme that
included the conveyance more than 120 acres of conservation land to the City of Northampton,
which conveyance took place on January 12, 2007.
The first condition of the Special Permit requires that "[p]rior to issuance of a building permit for
any lots, the applicant must submit proof of recording of driveway maintenance agreements and
easements." The form of the Driveway Maintenance Agreement has been agreed upon by both
Jedoron and 636, and has been reviewed by Carolyn Misch. See Exhibit D. Similarly, the
easements to accommodate the driveway are part of a more comprehensive scheme of easements
serving several purposes. Those easements are to be granted or reserved by Jedoron, as the case
may be, in the deed to 636. See Exhibit E.
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