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Garfield Ave Restrictive CovenantHampshire County - 20/20 Perfect Vision i2 Document Detail Report Current datetime: 10/30/2015 5:16:55 PM Doc#Document Type Town Book/Page File Date Consideration 13623 RESTRICTIONS 10222/285 06/30/2010 Property-Street Address and/or Description GARFIELD AVE Grantors PIONEER VALLEY HABITAT FOR HUMANITY INC, NORTHAMPTON CITY, GARFIELD AVENUE EXTENSION HOMEOWNERS ASSOCIATION Grantees DECLARATION OF RESTRICTIONS EASEMENTS &amp; COVENANTS References-Book/Pg Description Recorded Year 10067/326 DEED 2010, 11613/248 AGR 2014, 11706/97 NOT 2014, 12030/79 AGR 2015 Registered Land Certificate(s)-Cert# Book/Pg Bk: 10222 Pg: 285 Affected Premises: Lot "1 ", "Lot 2," "Lot 3," "Lot 4," Lot 5," "Lot 6," Lot "G" As shown on Plan Book 222, Page 10 Garfield A venue, Florence, (Northampton) MA 1111111,1111 Bk: 10222Pg: 285 Page: 1 of 13 Recorded: 06/30/201 o 02:01 PM DECLARATION OF RESTRICTIONS, EASEMENTS AND COVENANTS Garfield Avenue Extension Homeowners Association, Florence Ma O 1062 THIS DECLARATION, made as of this~*"' day of June, 2010, by PIONEER VALLEY HABITAT FOR HUMANITY, INC., a Massachusetts non-profit corporation with an address at PO Box 60642, Florence Community Center, 140 Pine Street, Florence, MA 01062, its successors and assigns (hereinafter called the "Developer"), and the CITY OF NORTHAMPTON, a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts with its principal offices at City Hall, 210 Main Street, Northampton, Massachusetts 01060, its successors and assigns (hereinafter called the "City"). WHEREAS A. The Developer owns certain building lots off of Garfield A venue defined hereinafter as the "Habitat Lots" as well as a parcel defined hereinafter as the "Garfield Avenue Extension"; B. The City owns a certain Building Lot off of Garfield A venue defined hereinafter as the "City Lot"; C. The Developer and the City are desirous of creating an attractive residential community, encouraging harmonious and pleasing homes, assuring a high quality of community appearance and providing and ensuring the preservation of the values created in said community; and D. The Developer and the City are desirous of encumbering the Subject Property, as defined hereinafter, with certain covenants, agreements, easements, restrictions and conditions, as hereinafter set forth. NOW, THERFORE, the Developer and the City declare that the Subject Property described in Article I is and shall be held, transferred, sold, conveyed, and occupied subject to the following covenants, agreements, easements, restrictions and conditions, Bk: 10222 Pg: 286 which shall bind each and every lot described in Article I and which shall run with and benefit the land. ARTICLE I SUBJECT PROPERTY The Subject Property, as defined herein, consists of the following lots situated off Garfield A venue, Florence, Hampshire County, Massachusetts: 1. The Habitat Lots: "Lot 2," "Lot 3," "Lot 4," Lot 5," and "Lot 6" ( collectively, the "Habitat Lots"), shown on a plan ("Plan") entitled "Approval Not Required 'Garfield Avenue Extension' Northampton, Massachusetts" prepared for Pioneer Valley Habitat for Humanity, Inc., by Berkshire Design Group, Inc., dated January 16, 2009, revised November 2, 2009, and recorded in the Hampshire County Registry of Deeds Plan Book 222, Page 10 ("Land"). See also the easement plan entitled "Garfield Avenue Extension Easement Plan" prepared for Pioneer Valley Habitat for Humanity, Inc., by Berkshire Design Group, Inc., dated July 27, 2009, revised November 2, 2009, and recorded in the Hampshire County Registry of Deeds Plan Book 222, Page 11 ("Easement Plan"). Being a portion of the premises conveyed to Seller by deed of the City of Northampton recorded in Book 10067, Page 326, of the Hampshire County Registry of Deeds; 2. Garfield Avenue Extension: "Lot G" as shown on the Plan (the "Garfield Avenue Extension"); 3. City Lot: "Lot l" as shown on the Plan (the "City Lot"). The Habitat Lots and the City Lot are sometimes hereinafter referred to collectively as the "Residential Lots." The Habitat Lots, the City Lot and the Garfield A venue Extension are sometimes hereinafter referred to collectively as the "Lots." 1. SUBDIVISON ARTICLE II RESTRICTIONS None of the Lots shall be subdivided or modified in any way for the purpose of increasing the total number of lots upon which single-family residential structures may be constructed. No conveyance of less than all of any Lot or of any easement or license shall occur without the prior written approval of the Developer or its successors or assigns, except for underground utilities from the roadway to the buildings on the Residential Lots. 2 Bk: 10222 Pg: 287 2. RESIDENTIAL USE The Residential Lots shall be used for residential purposes only. No hospital, rest home or educational institution of any kind shall be established and maintained on any of the Lots. No so-called clubs or social organizations shall occupy any of the Lots. In no event shall any of the Lots be used for any purpose that may be or may become an annoyance or nuisance to the other Lots. No more than two (2) tag sales per year of the possessions of a Residential Lot owner or tenant thereof shall be permitted. No residential structure other than one single-family dwelling shall be erected or placed on any of the Residential Lots. Attached or detached garages for not more than three cars, together with accessory non-residential structures such as greenhouses, tool sheds, pools and fencing shall be permitted; but only if and so long as they are used in connection with a dwelling house. These restrictions do not prevent (a) the construction or utilization of accessory apartments, or (b) home occupations and home offices, to the extent allowed by applicable law. No structure whatsoever may be erected on the Garfield A venue Extension, other than roadway and utility structures installed consistent with permits from the City. 3. LOCATION OF STRUCTURES ON A LOT No residence or garage, or any part thereof, shall be erected or placed nearer than allowed by city zoning and as restricted by any easements in place on the Subject Property. 4. BUILDING APPROVAL No building or other structure shall be commenced or erected, nor shall any addition be made, until plans and specifications, showing the nature, kind, shape, height, materials, floor plans, exterior color scheme, and the grading plan of the Lot to be built upon, have been submitted to and approved in writing by the Developer (for Lots 2, 3, 4, 5, and 6) or the City (for Lot 1) in recordable form. The Developer or the City shall have the right to refuse to approve any such plans, specifications or grading plans that are not suitable or desirable, in its opinion, for aesthetic or other reasons. In so passing upon such plans, specifications and grading plans, the Developer or the City shall take into consideration the suitability of the proposed structure and materials to be the site, including harmony with the surroundings and effects on the outlook from neighboring properties. Said submission of plans shall include: a. a plot plan of the lot, showing the location of the proposed construction: b. building plans, including drawings which show the elevations of the proposed construction; c. a description of exterior materials and colors; and 3 Bk: 10222 Pg: 288 d. the lot owner's proposed construction schedule. If the Developer or City fails to approve or deny a proposed structure within forty five ( 45) days after receiving the full proposal as described above, the proposal shall be deemed approved. The Developer's right of approval under this paragraph 4 shall expire at such time as houses have been built on all of the Habitat Lots, and the City's right shall expire at such time as a house has been built on Lot 1, and thereafter said right of approval shall be exercised by the Homeowner's Association established hereunder. 5. PROHIBITED DWELLINGS No trailer, shack, tent, garage, or structure of a temporary character, shall be used on any site at any time as a residence, either temporarily or permanently. 6. BOATS, AUTOMOBILES, TRAILERS, CAMPERS, AND COMMERCIAL VEHICHLES Parking of mobile homes, recreational vehicles over 20 feet in length, trailers, Class II trucks, heavy construction equipment, unlicensed or derelict vehicles or any other similar property, on a Lot shall or common driveway shall be prohibited, unless parked or stored inside a garage. 7. LOCATION OF UTILITES The furnishing of all utility services to each Lot shall be by means of underground installation. No underground storage of petroleum, oil or other substances harmful to the environment shall be permitted. Underground propane storage is allowed to the extent permitted by governing laws and ordinances. 8. ANIMALS To the extent allowed by city ordinance, animals, livestock or poultry may be raised, bred or kept including dogs, cats or other usual household pets on Lots provided that they are not kept, bred or maintained for commercial purposes and do not become a nuisance to other lot owners and occupants. 9. CLOTHESLINES, GARBAGE CANS, ETC. All clotheslines, equipment, trash containers, service yards, woodpiles and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring residences and streets, except during such necessary periods as when said trash containers are made available for collection. All rubbish, trash and garbage shall be regularly removed from the lot and shall not be allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be placed or 4 Bk: 10222 Pg: 289 permitted to accumulate upon or adjacent to any lot which will or may render the same or any portion thereof unsanitary, unsightly, offensive or otherwise detrimental to any other lot. 10. SIGNS No signs shall be erected or maintained on any lot except: a. Such signs as may be required by law; b. A residential identification sign having a total face area not larger than permitted by applicable zoning laws; c. Professional signs as permitted by the Northampton Zoning By laws; d. During the time of construction of any building or other improvements, one job identification sign not larger in area than three (3) square feet; e. A "For Sale" or "For Rent" sign, ofreasonable type, size and appearance, but only if attached to the building or free standing. f. Informational or directional signs erected or maintained by the Developer, its successors or assigns. 11. ANTENNAS Television or other antenna structures, including dish antennas, aerials or other electronic receiving devices shall be placed, constructed or maintained on a Lot only if they are under 8' in height above grade, (located in the rear yard, )and are screened with fencing or plantings from the street and neighboring properties. 12. FENCES No fences over 6' in height in height shall be constructed. Screening plants may be allowed to grow to a reasonable height. No plantings shall be planted or allowed to mature in such a way as to further obscure the solar aperture beyond what is existing at time of construction. 13. EARTH REMOVAL No loam, sand, gravel or other solid material, except that resulting from customary landscaping or from construction permitted and approved hereunder, shall be removed from a Lot. 5 Bk: 10222 Pg: 290 14. MAINTENANCE OF COMMON ROADWAY The Garfield A venue Extension shall be maintained, including removal of snow and ice in the winter and regrading and repaired as necessary to keep it in safe, good, smooth and usable condition and according to the grade as originally constructed, until such time as said Garfield Avenue Extension may be taken as a public way by the City of Northampton. In no event shall the Garfield A venue Extension be used or improved for any purpose other to provide pedestrian and vehicular access the Residential Lots. The cost of roadway maintenance of the Garfield A venue Extension as described in the prior paragraph shall be paid for by the Garfield A venue Extension Homeowners Association, which cost shall be shared by the members of said Association as follows: 20% each for the owners of the five (5) Habitat Lots until such time as the City Lot is conveyed by the City to a third party purchaser, whereupon, the cost of driveway maintenance shall be shared as follows: 16.66% each for the owners of the six (6) Residential Lots. Extent of common area maintenance shall in all cases be governed first by the zoning, bylaws and permitting documents in place regarding the property 15. MAINTENANCE OF SEWER LINE The sewer line located in the area shown as the "Proposed 20' Wide Sewer Easement S l" on the Easement Plan (the "Sewer Line") shall be maintained, repaired and/or replaced as necessary to keep it in safe, good, and usable condition. The cost of the Sewer Line maintenance as described in the prior paragraph shall be paid for by the Garfield A venue Extension Homeowners Association, which cost shall be shared by the members of said Association as follows: 20% each for the owners of the five (5) Habitat Lots until such time as the City Lot is conveyed by the City to a third party purchaser, whereupon, the cost of the Sewer Line maintenance shall be shared as follows: 16.66% each for the owners of the six (6) Residential Lots. 16. STORMW ATER RUNOFF AND POLLUTANT PREVENTION A. All requirements of the Stormwater Management Operation, Maintenance and Inspection Agreement by and between the Developer and the City affecting the Subject Property recorded simultaneously herewith shall be complied with by the Garfield A venue Extension Homeowners Association. The costs of such compliance shall be shared as follows: 20% each for the owners of the Five (5) Habitat Lots until such time as the City Lot is conveyed by the City to a third party purchaser, whereupon, the cost of such compliance shall be shared as follows: 16.66% each for the owners of the six (6) Residential Lots. B. An annual report shall be submitted to the Northampton Conservation Commission as required by the permits issued for the project. The report shall indicate 6 Bk: 10222 Pg: 291 that the Garfield A venue Extension is graded as designed and that the swales, checkdams and basins, if required, have been cleaned and are in good working order as designed. 17. SEVERABILITY Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way effect any other provisions, each of which shall remain in full force and effect. 18. RIGHT TO ENFORCE The right to file an action arising under these Restrictions shall be held by the Developer, the City, and by the owner of any lot in the Subject Property. The prevailing party shall recover reasonable attorneys' fees and costs incurred in any such action. All other provisions related to collection of assessments as set forth in the By-laws shall also apply. 19. COMPREHENSNE PERMIT COMPLIANCE All pertinent conditions of the Comprehensive Permit issued by the City of Northampton Zoning Board of Appeals, dated April 1, 2004, and recorded in Book 7858, Page 50, of the Hampshire County Registry of Deeds, as amended by instrument recorded in Book 9666, Page 330 of said Registry shall be complied with at all times ARTICLE III EASEMENTS 1. ACCESS EASEMENT OVER GARFIELD A VENUE EXTENSION Every member of the Association shall have a right of way to pass over, and an easement of use and enjoyment, in common with all other members and with the general public, in and to Garfield Avenue Extension, which the Developer expects the City of Northampton to take as a public way, and such easement shall be appurtenant to and pass with the record title to every Lot. The City can make no commitment to accept the street, however, unless and until City Council so approves. 2. EASEMENT FOR USE AND MAINTENANCE OF SEWER LINE Every member of the Association shall have a right and easement of use and enjoyment, in common with all other members, in and to the Sewer Line, and the Association shall have an easement and right of access over the Subject Property as necessary for the purpose of maintaining and repairing and/or replacing the Sewer Line to keep it in safe, good, and usable condition. 3. RECIPROCAL ACCESS EASEMENTS FOR LOT 5 AND LOT 6 7 Bk: 10222 Pg: 292 The owner of Lot 5 shall have an easement over the area depicted on the Easement Plan as "Proposed 7'xl0' Wide 'Lot 6 Rear Access Easement' to benefit Lot 5", for the purpose of having and maintaining an overhanging eave and for having access to the rear of the house on lot 5 to maintain the exterior wall of said house, and the owner of Lot 6 shall have an easement over the area depicted as "Proposed 7'x15' Wide 'Lot 5 Front Access Easement' to benefit Lot 6", for the purpose of having and maintaining an overhanging eave and for access to the rear of the house on Lot 6 to maintain the exterior wall of said house. 4. PARTY WALL AGREEMENT FOR LOT 5 AND LOT 6 The houses of Lot 5 and Lot 6 share a common party wall, and as such the owners of Lot 5 and Lot 6 shall each have a right of access to the interior of each others house upon reasonable prior notice for the purpose of inspecting and repairing the structure of the party wall in the event there is evidence of damage to said wall structure. The cost of any such repairs shall be shared equally by the owners of Lot 5 and Lot 6. Each owner will be responsible for the cost of any non structural cosmetic repairs to the interior wall in his/her house. 5. ACCESS EASEMENT FOR LOTS 5 AND 6 The owner of Lot 5 shall have a right of way and easement for vehicular and foot traffic over the area depicted on the Easement Plan as "Proposed 15' Wide Access Easement Al" (hereinafter, "Easement Area Al") to benefit Lot 5 for the purpose of having access to the driveway and parking area on Lot 5. The owner of Lot 6 shall have a right of way and easement for vehicular and foot traffic over Easement Area Al to benefit Lot 6 for the purpose of having access to the driveway and parking area on Lot 6. The cost of maintenance of Easement Area Al, including removal of snow and ice in the winter and regrading and repairing as necessary to keep Easement A 1 Area in safe, good, smooth and usable condition shall be shared equally by the owners of Lot 5 and Lot 6. 1. NAME ARTICLE IV HOMEOWNER'S ASSOCIATION There shall be and there hereby is created a homeowner's association to be known as the Garfield A venue Extension Homewners Association (herein referred to as the "Association"). 2. MEMBERSHIP Every person or entity who or which is the record owner of a Parcel as shown and described on the Plan referred to hereinabove shall be a member of the Association. When more than one person or entity is the record owner, then they shall designate one of said owners to act as the member representing said parcel. 8 Bk: 10222 Pg: 293 3. MEETINGS The members of the Association shall meet as necessary to accomplish the business of the Association, as set forth hereafter, but not less than once each year. If a meeting has not taken place within the past year, then any one member may call a meeting upon 14 days written notice of the time and place to the other members. 4. RESPONSIBILITIES OF THE ASSOCIATION The Association shall be responsible for the maintenance of the Sewer Line, Garfield A venue Extension, and the stormwater system, all as set forth in paragraph 17 of Article II above, and such additional work as the members of the Association decide by majority vote to accomplish. 5. ASSESSMENTS The owners of each of the five (5) Habitat Lots, including the Developer for each of the Habitat Lots owned by it, hereby covenant and agree to pay to the Association 1/5 of the annual assessment each, except for the Garfield A venue Extension, Sewer Line and stormwater system maintenance allocations noted elsewhere herein, and special assessments in the same percentages as determined by the Association to be necessary to accomplish the work stated in section 4 of this article. Upon and after the sale of the City Lot to a third party purchaser, the owners of each of the six (6) Residential Lots, including the Developer for each of the Habitat Lots owned by it, hereby covenant and agree to pay to the Association 1/6 of the annual assessment each, except for the Garfield A venue Extension, Sewer Line and stormwater system maintenance allocations noted elsewhere herein, and special assessments in the same percentages as determined by the Association to be necessary to accomplish the work stated in section 4 of this article. Said assessments shall commence on November 1, 2010, and shall be payable on the date fixed by the members at that time, notwithstanding whether a member has commenced or completed construction of a dwelling on their parcel by said time. It is hereby stated to be the intention that the driveway shall be maintained regardless of the number of constructed or occupied dwellings, unless the members decide otherwise by unanimous consent. 6. EFFECT OF NONPAYMENT OF ASSESSMENT If any assessments payable hereunder are not paid on the date when due, then such assessments shall become delinquent and shall, together with such interest thereon, and cost of collection thereof as hereinafter provided, thereupon becoming a continuing lien on the Lot which shall bind such property in the hands of the then owner and his successors in record title. The personal obligations of the then owner to pay such assessment, however, shall also remain his personal obligation. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of twelve percent 9 Bk: 10222 Pg: 294 (12%) per annum, and the Association may bring any action at law against the owner personally obligated to pay the same or to foreclose the lien against the Lot, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the court together with the costs of the action. 7. FORECLOSURE OF LIEN FOR NONPAYMENT OF ASSESSMENT The lien provided for herein may be enforced, in case of nonpayment for four (4) months from the due date of the assessment, by sale at public auction on the Lot owner's premises, first complying with the statues relating to the foreclosure of mortgages by power of sale in a Massachusetts form of power of sale mortgage. The recording of an affidavit of such sale together with the Association's deed to the purchaser(s) shall forever bar the delinquent Lot owner and his successors in record title from all right and interest in said Lot, at law or in equity. Similarly, as above, the lien sought to be foreclosed shall include the aforesaid interest and legal costs and attorney's fees incurred as a result of the foreclosure proceedings. ARTICLE IV AMENDMENTS This Declaration of Restrictions and Covenants may be altered, amended, or repealed at any meeting of the Association by a vote of two-thirds (2/3) of all of the total number of votes entitled to be cast, provided that the proposed action is inserted in the written notice of such meeting. Notwithstanding the foregoing, no such alteration, amendment or repeal shall terminate rights to Garfield A venue Extension, the Sewer Line, or the Easement Area Al, or violate any condition order or stipulation of any governmental authority issued incident to such authority's approval of the subdivision, without the duly authorized approval of such authority. Pioneer Valley Habitat for Humanity, Inc. A By:~ "Otb-'fr,i,(L-{~/d -lt..r / '/7,e / l'~cq-Witness City of Northampton By: __________ _ 10 Bk: 10222 Pg: 295 COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. ____ ,2010 On this 1:___ day o , 2010, before me, the undersigned notary public, personally appe , proved to me through satisfactory evidence of identifica · n, which was personal knowledge, to be the person whose name is signed on the pre ding or attached document, and acknowledged to me that she signed it voluntarily for its st d purpose as Mayor of the City of Northampton, Massachusetts. Wayne M. Feiden, otary Public My commission exp1 THE COMMONWEALTH OF MASSACHUSETTS Hampshire, ss. ) v/'7{ 1 f, 2010 On this ;fl,-, IV~ '-Cf , 2010, before me, the undersigned notary public, personally appeared J?u1 {py~,( /f(f.l& proved to me through satisfactory evidence of identification, which was a drivers license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as Tut I ti Ifoeetor of Pioneer Valley Habitat for Humanity, Inc. f"<'JI &'('«t d<'7 ~ ,,,,11111111111,,, Notary Public: David C. Bloomberg ~,,,,''c. ~~g_o;111/;,, $" ~ .··~;ssio,v~· •. <9"" ~ My Commission Expires: July 9, 2015 .:::-~ /o~ .oq-20,~'°/.'·Y-;:, ~ I dtto~ID: $ ~~-·t \ ~ \ a ~ a ; ~ -. o,,.,_. ~ . .:::-~ ··· . .ft,1'!'0~Jl.~~··· ~ ~ ,.;·.~ACH\l~.·· \.V ~ 'l ·vo ........ R>"' ~ "111,, ~RY ~ ,,,,,,, 111 I/ If 1111\ I I\\\ ~--------,--.-~ Bk: 10222 Pg: 296 (12%) per annum, and the Association may bring any action at law against the owner personally obligated to pay the same or to foreclose the lien against the Lot, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and reasonable attorney's fees to be fixed by the court together with the costs of the action. 7. FORECLOSURE OF LIEN FOR NONPAYMENT OF ASSESSMENT The lien provided for herein may be enforced, in case of nonpayment for four (4) months from the due date of the assessment, by sale at public auction on the Lot owner's premises, first complying with the statues relating to the foreclosure of mortgages by power of sale in a Massachusetts form of power of sale mortgage. The recording of an affidavit of such sale together with the Association's deed to the purchaser(s) shall forever bar the delinquent Lot owner and his successors in record title from all right and interest in said Lot, at law or in equity. Similarly, as above, the lien sought to be foreclosed shall include the aforesaid interest and legal costs and attorney's fees incurred as a result of the foreclosure proceedings. ARTICLE IV AMENDMENTS This Declaration of Restrictions and Covenants may be altered, amended, or repealed at any meeting of the Association by a vote of two-thirds (2/3) of all of the total number of votes entitled to be cast, provided that the proposed action is inserted in the written notice of such meeting. Notwithstanding the foregoing, no such alteration, amendment or repeal shall terminate rights to Garfield Avenue Extension, the Sewer Line, or the Easement Area Al, or violate any condition order or stipulation of any governmental authority issued incident to such authority's approval of the subdivision, without the duly authorized approval of such authority. Witness 10 Pioneer Valley Habitat Humanity, Inc. B: City of Northampton By c;;;).L--~ Davi.Narkewicz Acting Mayor for Essex, ss. Bk: 10222 Pg: 297 COMMONWEAL TH OF MASSACHUSETTS '21.2010 __ _____.:_, On this '<.. 1 day of , } /) 1z ...e. , 2010, before me, the undersigned notary public, personally appeared David J. Narkewicz, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached documen , d acknowledged to me that he signed it voluntarily for its stated purpose as Acting M yor of the City of Northampton, Massachusetts. , Notary Public My commission expires 11 DAVID S. ROME NOTARY PUBLIC COMMONWEALTH OF MASSACHUSETTS MY COMMISSION EXPIRES OCT. 8, 2015 :·~''::T. HAMPSHIRE, fhdJJmd/yµJM:.-;-REGISTER MARIANNE L. DONOHUlil