Common Easements

Declaration of Common Easements

Contents
Declaration of Common Easements
Modification of Declaration of Common Easements
Conservation (Open Space) Restriction
Easement Agreement

Common Easements

DECLARATION OF COMMON EASEMENTS

This Declaration of Common Easements is executed as of this 7th day of May 1980 by F. William Smith and Paul W. Boyd, as Trustees of Potter Pond Trust, u/d/t dated April 24, 1978 and to be recorded with Middlesex South District Registry of Deeds herewith (the “Trustees”).

WHEREAS the Trustees have purchased certain land (the “Land”) located on Walnut Street in Lexington, Middlesex County, Massachusetts, and shown as lots I, II, and III on a plan entitled “Plan of land in Lexington, Mass.,” dated April 11, 1980, prepared by Hayes Engineering Inc. and to be recorded herewith (the “Plan”); and

WHEREAS the Trustees are about to grant certain mortgages upon the lots shown on the Plan; and

WHEREAS the Trustees desire to reserve and to create certain easements between and over said lots I, II and III for the benefit of each of the respective lots, and to which each lot shall be subject,

NOW, THEREFORE, in consideration of the foregoing premises, the Trustees hereby reserve unto themselves, their successors and assigns, and create for the benefit of lots I, II and III on the Plan, the following easements:

1. Roadway Easement. The right in common with others entitled thereto to use the area shown on the Plan as “Easement for Way” running between Walnut Street and Concord Avenue, for all purposes for which ways are commonly used in the Town of Lexington, including but not limited to the right to construct, improve, repair and maintain ways within said easement, and to install, improve, repair and maintain any and all utilities in, upon or under such easement, and to enter upon said easement for the aforesaid purposes. The Trustees hereby reserve the right to allow other adjoining property owners to connect into such utility lines and to enter upon said easement for the aforesaid purposes.

2. Utility Easement. The right to install, repair, use and maintain sewer lines and water lines in a twenty (20) foot wide area ten (10) feet on either side of the lines identified as “8” A.C. SEWER” and “6” SEWER FORCE MAIN” and “8” CLD WATER” on a plan entitled “Utility Site Plan, Potter Pond, Lexington, Massachusetts” dated, Nov. 1979 and filed with the Lexington Board of Appeals together with the application for a special permit for the development of Potter Pond (hereinafter the “Utility Plan”); the exact location of such easements is to be identified on a plan to be recorded after such utility lines are installed and to supersede the easements herein granted. The Trustees hereby reserve for themselves, their successors and assigns, the right to allow owners of adjoining land to connect into such utility lines and to enter upon said easement for the aforesaid purposes.

3. Drainage Easement. The right to drain water into the ponds, streams and brooks located on said lots I, II and III and to install, repair, use and maintain drainage ducts or pipes (however denominated) in the areas shown for such on the Utility Plan, and to enter upon said easement for said purposes.

4. Tennis Court Easement. The right to construct, repair, use and maintain tennis courts and a so-called clubhouse or recreational building on lot II in the area designated on the Plan as “Tennis Court Easement”.

5. Interference with Structures. None of the foregoing easements shall interfere with the intended use or enjoyment of any structures or improvements which may in the future be constructed upon the land.

WHEREAS, F. William Smith and Paul W. Boyd, as Trustees of Potter Pond Trust, u/d/t dated April 24, 1980 (“Grantors”) created certain reciprocal easements between Lots I, II and III shown on a plan entitled “Plan of Land in Lexington, Massachusetts,” dated April 11, 1980, prepared by Hayes Engineering, Inc., recorded with Middlesex South District Registry of Deeds in Book 13963, Page 174 (“Plan 1”) by a Declaration of Common Easements, dated May 7, 1970 recorded with said Deeds in Book 13963, Page 178 (“Declaration of Common Easements”);

WHEREAS, the Grantors desire to amend the Declaration of Common Easements so as to relocate the roadway easement;

NOW THEREFOR, in consideration of the foregoing premises, the Grantors hereby amend the Declaration of Common Easements, Section 1, to read as follows:

1. The Roadway Easement. The right in common with others entitled thereto to use the easement area shown as approximately 24 feet wide, running between Concord Avenue and Walnut Street across Lots IA, II and III A and A on a plan recorded herewith and entitled “Plan of Land in Lexington, Mass.,” dated November 14, 1980 and prepared by Hayes Engineering, Inc. (which is approximately in the area shown as “Easement for Way” on Plan 1) for all purposes for which ways are commonly used in the Town of Lexington, including but not limited to the right to construct, improve, repair and maintain ways within said easement, and to install, improve, repair and maintain any and all utilities in, upon or under such easement, and to enter upon said easement for the aforesaid purposes. The Trustees hereby reserve the right to allow other adjoining property owners to connect into such utility lines and to enter upon said easement for the aforesaid purposes, and they further reserve the right to relocate the roadway within ten (10) feet on either side the aforesaid easement area.

F. William Smith and Paul W. Boyd, as Trustees of Potter Pond Trust, u/d/t dated April 24, 1980, recorded with Middlesex South District Registry of Deeds in Book 13963, Page 162  (the “Grantor”), in compliance with Section 38.18 of the Zoning By-law of the Town of Lexington (the “Town”), grants to the Town, a municipal corporation of Middlesex County, Commonwealth of Massachusetts, (address of grantee: Town Office Building, 1625 Massachusetts Avenue, Lexington, Massachusetts), with QUITCLAIM COVENANTS, a conservation restriction on the following described premises:

Conservation Areas A, B, C and D (the “conservation areas”) shown on a plan entitled “Plan of Land in Lexington, Mass.,” prepared by Hayes Engineering, Inc., Civil Engineers and Land Surveyors, dated April 11, 1980, recorded with said Deeds in Book 13963, Page 174, said conservation areas being more particularly bounded and described as follows:

CONSERVATION AREA “A”

Containing 0.54 acres, according to said plan.

CONSERVATION AREA “B”

Containing 3.03 acres, according to said plan.

CONSERVATION AREA “C”

Containing 5.56 acres, according to said plan.

CONSERVATION AREA “D”

Containing 6.08 acres, according to said plan.

(Each of the foregoing conservation areas which are described as bounded by a “way” are bounded by the nearest sideline of the “easement for way” abutting the respective conservation area being described, as shown on said plan.)

A. The terms of this conservation restriction are as follows: that neither the Grantor nor its successors or assigns will perform the following acts or permit others to perform them, hereby granting to the Town the right to enforce these restrictions against all persons:

1. No building, sign, outdoor advertising display, mobile home, motorized vehicle, utility pole or other temporary or permanent structure will be constructed, placed or permitted to remain on the conservation areas;

2. No sand, gravel, rock or other mineral substance, refuse, trash, vehicle bodies or parts, rubbish, debris, junk, waste, or unsightly or offensive material will be placed, stored or dumped thereon;

3. No loam, peat, gravel, sand, rock or other mineral resource or natural deposit shall be excavated or removed from the conservation areas in such a manner as to affect the surface thereof; and

4. Notwithstanding the provisions of paragraphs I through 3 above, (i) a maximum of twenty (20%) percent of all conservation areas may be devoted to paved areas and structures used for or accessory to active outdoor recreation and consistent with the open space uses of such land, including but not limited to the construction of tennis courts, recreational buildings and the like; and (ii) nothing herein contained shall prevent the installation or maintenance of any underground utilities, the expansion of the ponds as approved by the Conservation Commission from time to time, or the construction of Potter Pond as approved by the Board of Appeals of the Town of Lexington, provided that any ground disturbed is returned after construction to its natural state.

The foregoing restriction is authorized pursuant to the provisions of M.G.L. c. 184, sections 31-33, and is intended to retain the conservation areas predominantly in their natural, scenic and open condition, to protect the natural and watershed resources of the Town. The restriction shall be administered by the Conservation Commission of the Town, established under Chapter 40, Section 8C, of the Massachusetts General Laws as amended.

1. The Grantor grants to the Town a permanent easement of access to enter conservation areas, by its Conservation Commission, for the purpose of inspecting the premises and enforcing the foregoing restrictions and remedying any violation thereof. The right hereby granted shall be in addition to any other remedies available to the Town for the enforcement of the foregoing restrictions.

2. The Grantor grants to the Town a permanent easement to enter the conservation areas, by its Conservation Commission or its designees, to clear and clean the ponds and brooks on said premises.

3.  No other right of entry is granted by this instrument either to the Town or to the public.

Consideration for this conservation restriction is such that no documentary stamps are required for this instrument.

For Grantor’s title see deed from the Trustees of Walnut Farm Trust Dated May 7, 1980, recorded with Middlesex South District Registry of Deeds in Book 13963, Page 174.

This Easement Agreement is executed as of this 8th day of December, 1980, by F. William Smith and Paul W. Boyd, as Trustees of Potter Pond Trust, u/d/t dated April 24, 1980 and recorded with Middlesex South District Registry of Deeds in Book 13963, Page 162 (the “Owner”).

WHEREAS the Owner is the owner of certain land (the “Premises”) shown as Lots I, II and III on a plan entitled “Plan of Land in Lexington, Mass.,” prepared by Hayes Engineering, Inc., Civil Engineers & Land Surveyors, dated April 11, 1980, and recorded with said Registry as Plan Number 505 of 1980 with a deed in Book 13963, Page 174 (the “Plan”);

WHEREAS the Premises have been zoned “RD” pursuant to a vote of the Lexington town meeting in the spring of 1979 which enables the Owner to develop a 100 unit condominium on the Premises (“Potter Pond”), subject to conformance with the Site Development Plan approved at said town meeting and applicable provisions of the Zoning By-law of the Town of Lexington;

WHEREAS in compliance with the Zoning By-law, the Owner has reserved certain areas designated as Conservation Area(s) A, B, C and D on the Plan; and

WHEREAS the Owner desires to provide the neighbors and other residents of the Town of Lexington with the use and enjoyment of certain parts of the Conservation Areas designated below for the purposes specified, subject to such reasonable rules and regulations as those neighbors living in Potter Pond may promulgate;

NOW THEREFORE, for one ($1) dollar consideration received, the Owner hereby establishes the following easements upon the Premises for the benefit of those persons set forth below, on the following terms and conditions:

1. The Owner grants to the neighbors living in the neighborhood surrounding the Premises an easement for pedestrian travel over the roadways (as those roads are finally constructed) within the Premises, which are those ways shown on the Plan as being 24 feet wide and also the horseshoe shaped way being only 20 feet wide at the southeast corner of the Premises.

2. For the purposes of this Easement Agreement, the term “neighbors” or “neighborhood” shall mean or indicate those persons owning land with improvements thereon having a street address on Walnut Street, on Chadbourne Road or on Concord Avenue between Walnut Street and the State Hospital on the southeasterly boundary of the Premises.

3. The Owner grants to the neighbors an easement over that conservation area designated B (the pond area) on the Plan for informal (non-organized) ice skating.

4. The Owner grants to the neighbors an easement from Walnut Street over the conservation areas designated A, B and C on the Plan and the connecting areas of the roadways between such conservation areas for cross-country skiing; provided, however, if there shall be an area or easement for cross-country skiing contiguous to the foregoing easement available to all inhabitants of the Town of Lexington, then, so long as such contiguous area or easement shall exist, the easement created under this paragraph 4 shall also be extended to the inhabitants of the Town of Lexington.

5. The use of each of the foregoing easements shall be subject to such reasonable rules and regulations as may be promulgated by the Potter Pond Association, a homeowners association, to be created as part of Potter Pond pursuant to G.L. c. 183A, Section 8(i).

6. The easement herein created shall not be exclusive, but shall be reserved also for the benefit of the owners of condominium units at Potter Pond and their guests or invitees, and shall not prevent or in any way interfere with (i) the Owner’s right to revise or amend its Site Development Plan for the Premises, subject to the required approvals of the Zoning Board of Appeals, or (ii) the layout and installation of any roads, utilities on or under the Premises, or the construction of any other improvements at Potter Pond.

7. The Owner shall not be liable to any person for personal injury or property damage occurring upon the foregoing easements.

Witness the execution hereof under seal as of the day and year first above mentioned.