Turkey Hill Road sidewalk easement� nth
KNOW ALL MEN BY THESE PRESENTS
That EQUITY BUILDERS REALTY LLC, of Northampton, Hampshire County, Massachusetts
For no monetary consideration grant to
CITY OF NORTHAMPTON, Hampshire County, Massachusetts,
An easement for sidewalk purposes only, which easement shall include the right of the. public to pass
and repass; and the right of the City of Northampton, Massachusetts to build, maintain, replace and
repair the sidewalk; grantee shall indemnify and hold harmless grantor for any damages that may
arise from the maintaining, replacing, or repairing of said sidewalk, upon the tract of land described.
as Parcel A3, Turkey Hill Road, Northampton, Hampshire County, Massachusetts, as described
on a Plan entitled "PLAN OF LAND IN NORTHAMPTON, MASSACHUSETTS, HAMPSHIRE
COUNTY PREPARED FOR THOMAS FORTIER & TRISTRAM METCALFE" by Huntley Associated,
P.C., dated August 7, 2003, recorded in the Hampshire County Registry of Deeds in Plan Book 198,
Page 23, bounded:
Northerly and Easterly by Parcel B1, as shown on said plan;
Westerly by Parcel Al, as shown on said plan; and
Southerly by Turkey Hill Road.
All as shown on the aforementioned plan which shall be controlling for all purposes
Being a portion of the premises conveyed to EQUITY BUILDERS REALTY LLC, by deed dated
December t , 2003, recorded at Book , Page
Executed as a sealed instrument this December , 2 03.
EQUI BUILDERS REALTY, LLC
By.-JAMES M. HARRITY, JR., Authorized Member.
THE COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
December _/( 2003
Then personally appeared the above -named JAMES M. HARRITY, JR., and acknowledged the .
foregoing instrument to be the free act and deed of EQUITY BUILDERS REALTY, LLC, before me
Notary Public: / /r /�,�; s Ju ✓c�
My Commission Expires: G / lo.)
Q:\H\harrity\Turkey Hill lots 26 & 31 \Purchase \deed to city for sidewalk.doc
CITY OF NORTHAMPTON
mAssAcHumts
in 6 (f.uncill A ug}ist l9,
...............................................................................
Upon the reconunendation of the Planning Board and Councillor-Ma rianne LaBarge
................ 7 .................................................. I ..........................................................................................................
Ord
. that.
WHEREAS, As a condition of appro the a hvo-building housing project located on the northerly sideo'fTurkey
Hill Road, the developer has offered to donate a public right -of- -way and. an easement for a future
sidewalk along the road; and
WHEREAS, The easement gives the city no responsibility or commitment to build a sidewalk; and
NOW, THEREFORE BE IT ORDERED
The City Council hereby authorizes the City of Northampton to accept said' right -of -way and
sidewalk easement from the owner of record.
In City. Council III
t
Rules suspended, passed two readings and enrolled
Attest -61J�- lj Clerk o ' C (Jvvq
Approved; M C ( Ve ;
A true copy.
Attest Clerk of C Ouvi e-1
FROM: MORSE & SACKS \ FAX NO.: 4135840453 1 12 -11 -03 04:35P P.02
q.
------------------------ `--------- `---------
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Official Receipt for Recording in:
H hire County Registry of Deeds
33 King St.
Horthaepton, Mamsae 22tts 01060
Issued Co:
NORSE 6 SACKS
Recording Foos
...- - - - - --
Document Recording
Description Nuoher Bock /Page Amount
-- -------------------- -----0
CHL 00053321 1616 83 #65.00
NEW CNL 00053322 7616 84 $65.00
DTf INC
RHO 00053323 7616 65 $75.00
HETCALFE
RNG 00053324 7616 86 $75.00
OTF INC
MG 00053325 7616 87 MAD
HETCALFE
A 00053326 1616 88 175.00
CHAMBERS
DEEDS 00053327 7616 95 1125.00 De i
EQUITY BUILDERS
EXC 00053328 7616 103 $125500 G 9 y
NORTHAMPTON CITY $.00
ElCISE 00053329 7515 105 $75.00 >�da�
NORTHAMPTON CITY � ti
NTG 00053330 7616 106 $175.00
EQUITY BUILDERS
MTO 00053331 7616 1% S a'
EQUITY BUILDERS 175.00 c
MTO 00053332 7b16— ...1�Q. , $
EQUITY BUILDERS
HTG 00053333 7616 123 $ 175.00 "'1 6d!" :L
EQUITY BUILDERS _
$1,455.OD
Collected Arouots
R- -- -------- -------- ------ ----- ---- -- - - - - - q
Payment RmoUnt
T yp e ..._ - - -- -- ^ - - - - -•
------ - - - - --
Check 12673 1250.00
Check 12674 1275.00
Check 12675 $130.00
Check 12686 1800,00
$1,455,00
Total Received ; $1,455,00
Lass Total Recordings: 11,455.00
++
Change Due $.00
The* You
MARIANNE DONGRUE. - bgistrr of Deeds
BY: Monica V
Receipt8 Date Time
IN166693 12/11/2003 03:54p
'dewv A
Disclosure Statement: Acquisition or Disposition of Real Property
For acquisition of disposition of Real Property, by the City of Northampton the undersigned does hereby state, - for the
purposes of disclosure pursuant to M.G.L.. Chapter 7, Section 40J, of a transaction of relating to -real property as
follows:
1. Real Property Description: Property in the City of Northampton known as Parcels A3, Turkey Hill Road.
2. Type of transaction: X Sale Lease or rental for term:
3. Seller(s) Equity Builders Realty, LLC
4. Buyer: City of Northampton
5. Names and addresses of all persons who have or will have a direct or indirect beneficial interest in the real property
described above. Name: Residence
None
6. None of the above mentioned persons is an employee of the City of Northampton, the Division of Capital Asset
Management, or an official elected to public office in the Commonwealth of Massachusetts . except as noted below:
Name Title or Position:
None
7. This .section.must be signed by the individual(g) or organization(s) entering into this real property transaction with
the public agency named above. If this form is signed on behalf of a corporation or other legal entity, it must be
signed by a duly authorized officer of that corporation. The undersigned acknowledges that any changes or
additions to item 3 or 4 of this. form during the term of any lease or rental will require filing a new disclosure with
the Division of Capital Asset Management within 30 days following the change or addition.
The undersigned sw ' s under the and nalties of perjury that this form is complete and accurate in all respects:
Signature(s):
Printed Name(s): Jdmes M. Harrit. Jr and es O'Ma
Title (s): bully Authorized Members Equity Builders Realty, LLC
Date: December 2003
Send the executed disclosure statement to: We will file with:
Wayne Feiden . Division of Capital Asset Management
Office of Planning & Development Office of the Commissioner c/o Property Transactions Group
City Hall, 210 Main Street One Ashburton Place
Northampton, MA 01060 Boston, Massachusetts 02108
MORSE & SACKS
ATTORNEYS AT LAW
31 Trumbull Road
Northampton, MA 01060
TO: CITY OF NORTHAMPTON
We have examined the record title to the EASEMENT to be used for sidewalk purposes, upon
real estate designated as Parcel A3, Turkey Hill Road, Northampton, Massachusetts and
being the same EASEMENT described in document from EQUITY BUILDERS REALTY, LLC
dated December 11, 2003, and recorded in the Hampshire County Registry of Deeds on
December 11, 2003 in Book , Page to which reference may be had for a more
particular description.
On the date of recording the above EASEMENT the record title to said real property upon
which said EASEMENT is located was vested in EQUITY BUILDERS REALTY, LLC, which
had authority to transfer said EASEMENT and the title to said EASEMENT is good and
marketable and free and clear of all encumbrances, except those recited on the Exhibit
Attached hereto and made a part hereof.
This certificate is issued for the consideration for said conveyance.
Date of Certification:
December 11
THIS CERTIFICATE DOES NOT !COVER THE FOLLOWING: Federal, State or municipal
zoning, building, sub - division control, environmental protection ordinances, or by -laws, or other
laws or codes effecting the use or occupancy of the property; liens or encumbrances not of
record, or not required to be recorded; bankruptcy records; Indian claims; implied easements
in or over lands of others; or implied easements of others in or over the subject property; fees
or easements in or over streets; leases not required to be recorded; any unpaid municipal or
other obligations which may result in liens; rights or claims of parties other than the record
owner or Mortgagor in actual possession of any or all of the property; unrecorded easements,
discrepancies or conflicts in boundary lines, shortage in area and encroachments which an
accurate and complete survey would disclose.
Telephone (413) 584 -1287 In Connecticut (860) 745 -0045 Facsimile (413) 584 -0453 E -mail: law @morseandsacks.com
HARLEY M. SACKS
JOHN M. MCLAUGHL1W * ALSO ADMITTED IN NEW YORK
MARK A. TANNER + ALSO ADMITTED IN CONNECTICUT
ALVERTUS J. MORSE ( -1 949)
ALVERTUS D. MORSE (1904-1982)
Exhibit
1. Order of Conditions from City of Northampton Conservation Commission, recorded
in the Hampshire County Registry of Deeds in Book 2515, Page 257.
2. Order of Conditions from City of Northampton Conservation Commission, recorded
in said Registry in Book 5480, Page 66.
3. Order of Conditions from City of Northampton Conservation Commission, recorded
in the Hampshire County Registry of Deeds in Book 6959, Page 235.
4. Order of Conditions from City of Northampton Conservation Commission, recorded
in the Hampshire County Registry of Deeds in Book 6959, Page 235.
5. Conditions set forth in a Decision of the Planning Board, dated January 22, 2003,
recorded in said Registry in Book 7074, Page 188.
Q: \H \harrity \Turkey Hill lots 26 & 31 \Purchase \Certificate of Title TO city A3 rev by HSS 12- 8- 03.doc