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Peter W. Bennett* Winer and Bennett, LLP John M. Edwards*
David K. Pinsonneault Brian C. Kelly*
J. Bradford Westgate* Attorneys at Law Brenner G. Webb
Peter G. Webb Barbara W. Halevi*

Kent M. Barker

All Admitted in NH 8. Robert Winer (retired)
*Admitted in NH and MA John V. Dwyer, Jr. (1946-2013)

January 9, 2019

HAND DELIVERED

City of Nashua

c/o Office of Corporation Counsel
City Hall

229 Main Street

Nashua, New Hampshire 03060

Re: Acceptance of Legacy Drive and Serenity Lane
Gentlemen and Ladies:

Please be advised that Winer and Bennett, LLP represents Etchstone Properties, Inc., One
Legacy Drive, LLC and Four Searles Road, LLC (collectively, the “Developers”). The Developers
are the developers of Monis Farm Estates.

Background

Monis Farm Estates was initially established as a 37 lot open space subdivision approved
by the Nashua City Planning Board (the “Planning Board”) in 2013. Monis Farm Estates is
depicted on a plan set, the cover sheet of which is entitled “Master Subdivision Plan (Map ‘B’ Lots
20 & 57) Monis Farm Estates Searles & Middle Dunstable Roads Nashua, New Hampshire”,
prepared by Hayner/Swanson, Inc. dated 8 May 2013 and recorded with the Hillsborough County
Registry of Deeds as Plan No. 38031 (“Plan No. 38031”).

Plan No. 38031 depicts the 37 residential lots in Monis Farm Estates together with three
(3) open space parcels, one of which 1s known as Open Space 3152 (“Parcel 3152”). These 37
residential lots and the three (3) open space parcels were subdivided from the land that was
formerly known as Map ‘B’ Lot 20 (“Lot 20”). Plan No. 38031 also depicts Legacy Drive, a road
dedicated to public servitude.

111 Concord Street * P.O. Box 488
Nashua, New Hampshire 03061-0488
Tel (603) 882-5157 * Fax (603) 882-2694

January 9, 2019
Page 2

At the time the Developers acquired Monis Farm Estates, Etchstone Properties, Inc. also
acquired Map B, Lot 57 (depicted on Plan No. 38031) (“Lot 57”). In 2015, the Planning Board
approved an open space subdivision of Lot 57, identified as Monis Farm Estates (Ext.) pursuant to
which Lot 57 was subdivided into six (6) residential lots and an open space parcel. Monis Farm
Estates ( (Ext.) is serviced by Serenity Lane, dedicated to public servitude by the recording of
Plan No. 38816 and Plan No. 38863. Plan No. 38863 depicts the lots and Serenity Lane in detail.

Serenity Lane commences at the westerly end of Legacy Drive (as shown on Plan No.
38863), runs over land known as Map ‘B’ Lot 56 and into the Lot 57 Subdivision.

Lot 56 is the site of Barrington Village Condominium. The portion of Lot 56 over which
Serenity Lane runs was a former railroad bed and now includes a 30’ permanent pedestrian/bicycle
easement granted to the City of Nashua by Etchstone Properties, Inc. in connection with its
development of Barrington Village Condominium.

Barrington Village Condominium is a 72 unit residential condominium developed in the
early 2000s. In conjunction with the completion of Barrington Village Condominium, Etchstone
Properties, Inc. granted to the City of Nashua the perpetual pedestrian and bicycle way, depicted
on Hillsborough County Registry of Deeds Plan No. 30964, among other plans, and recorded at
Book 6424, Page 511.

Purpose of Letter

This letter constitutes the written opinion of an attorney licensed in New Hampshire
contemplated by Article III, Section 285-21(G) of the Nashua City Code and is a component of
the submittal by the Developers to the Board of Aldermen for the acceptance of Legacy Drive and
Serenity Lane.

This letter will first address the Developers’ rights in Legacy Drive and then discuss the
Developers’ rights in Serenity Lane, both of which have been dedicated for public servitude and
are being proposed for acceptance by the Board of Aldermen as Class V highways. The discussion
of Serenity Lane will be addressed in its three (3) components — the portion of Serenity Lane which
runs from Legacy Drive (in Monis Farm Estates) to Lot 56 (the “First Portion”), the portion of
Serenity Lane which runs across Lot 56 (the “Second Portion”) and the balance of Serenity Lane
located on former Lot 57 (as now subdivided and depicted on Plan No. 38863 (the “Third
Portion”)).

I. Legacy Drive

The Developers acquired the 37 residential lots in Monis Farm Estates, the three (3) open
space parcels and the fee interest in Legacy Drive by deeds from Phyllis Monis, Trustee of the
Phyllis Monis 2013 Revocable Trust, to One Legacy Drive, LLC, Four Searles Road, LLC and
Etchstone Properties, Inc., each deed being dated April 15, 2014 and recorded at Book 8653, Page

January 9, 2019
Page 3

10, Book 8653, Page 13 and Book 8653, Page 16, respectively. As mentioned, those deeds
expressly conveyed the fee interest in Legacy Drive. The deeds were recorded simultaneously with
Plan No. 38031. Accordingly, it is our opinion that since the Developers acquired the entirety of
the fee interest in Legacy Drive simultaneously with the recordation of Plan No. 38031, the
Developers had sufficient property rights in Legacy Drive to dedicate and recognize its dedication
to public servitude.

Mortgages granted by the Developer(s) in connection with their initial acquisition to
develop Monis Farm Estates have been discharged.

I. Serenity Lane
A. First Portion of Serenity Lane

Plan No. 38031 (the approved plan set for Monis Farm Estates) depicts over a portion of
Parcel 3152 a Proposed Private Access and Utility Easement ‘H’ running between Lots 3157 and
3158, westerly from Legacy Drive to the easterly side of Lot 56. Simultaneously with their
acquisition of Lot 20 (the land that became Monis Farm Estates), the Developers executed and
recorded with the Hillsborough County Registry of Deeds a Declaration of Access and Utility
Easements (To Benefit Lot 57 - Monis Farm Estates) (the “Declaration”). The Declaration is dated
April 15, 2014 and recorded at Book 8653, Page 34, a copy of which is enclosed.

The Declaration establishes easement rights for the benefit of Etchstone Properties, Inc.,
which developed Monis Farm Estates (Ext.) as contemplated by Plan No. 38863. Lot 57, of course,
became Monis Farm Estates (Ext.). The Declaration established access and utility rights and
easements, both public and private, including rights which may benefit the City of Nashua.
Specifically, Section 1 of the Declaration established an access easement in favor of Lot 57 (over
the so-called “Easement Area”) and Section 7 of the Declaration provided that the Developers
(Declarants) may dedicate the Easement Area to the public servitude, to become a public road or
right-of-way accepted by the City of Nashua, including a Class V road.

In light of the foregoing, it is our opinion that at the time of dedication of the public
servitude of Serenity Lane (by the recordation of Plan No. 38816 and Plan No. 38863), the
Developers had sufficient property rights in the Easement Area (the right-of-way shown as
Easement ‘H’ on Plan No. 38031) to dedicate the First Portion of Serenity Lane for acceptance by
the City of Nashua as a Class V highway. Please note that fee simple title to Parcel 3152 (over
which the Easement Area is located) is held by the various lot owners in (i) Monis Farm Estates
and (ii) Monis Farm Estates (Ext.), each owning an undivided one-forty-third (1/43") interest in
Parcel 3152. Their ownership of undivided interest in Parcel 3152, and any mortgages of their
interests in Parcel 3152 are junior, of course, to the pre-existing rights established in favor of the
Developers pursuant to the Declaration, including the Developers’ rights to dedicate the Easement
Area (Easement ‘H’) to public servitude and have it become a public road or right-of-way,
including a Class V road.

AMENDED
RESOLUTION R-16-022

10.

. Public Services - $91,744

Support of human service programs principally benefiting lower-income persons of Nashua.
Amount shall not exceed 15% of the entitlement award.

Nashua Children’s Home - $35,521
Kitchen renovations, including commercial appliances at 125 Amherst Street.

Front Door Agency - $15,000
Roof replacement at transitional housing located at 65-69 % Vine Street. Agency to
contribute toward total estimated cost of $22,500.

Girls Incorporated - $54,360
New playground and fencing at 27 Burke Street.

. Nashua PAL - $32,000

Roof replacement and installation of interior roof access at 52 Ash Street.

Tolles Street Mission - $16,500

Improvements to food pantry portion of building as follows: construction of walls in intake
area to enhance client privacy; construction of overhead storage for client files and office
supplies; enclosing water heater; repair flooring; interior painting; redesign and reduce
existing restroom.

City of Nashua: Labine Park — $20,000

Rehabilitation of the existing restroom including new roofing, plumbing/electrical upgrades
and accessibility modifications, such as new doors, fixtures, partitions, walkways, walls and
flooring.

City of Nashua: Nashua Heritage Rail Trail - $95.000

Funds will be used toward the cost of installing new, hard-wired lights along the entire length
of the trail. Work will include purchase of new lights/hardware, trenching and electrical
work. Total project cost is estimated to be $300,000 - $400,000.

City of Nashua: Vietnam Veteran’s Memorial Park - $22.500
Funds shall be applied first to the rehabilitation of the basketball court, followed by
rehabilitation of the walkway in the park as the budget permits.

Housing Improvement Program (“HIP”) - $92,940.23

Financial and technical assistance to eligible, low-moderate income, owner-occupants in the
form of deferred payment loans for essential repairs of 1-4 family residential properties.
Minor rehabilitation including code and safety corrections, repairs, accessibility, etc.
Funding reflects $75,000 from the annual grant and $15,000 subject to the receipt of program
income.

January 9, 2019
Page 4

Mortgages granted by the Developers in connection with their initial acquisition and
development of Monis Farm Estates have been discharged.

B. Second Portion

The next portion of Serenity Lane is that component running across Lot 56 (part of the
submitted land of Barrington Village Condominium and the former railway bed or strip). The
former railway bed or strip is also, as mentioned, the location of the 30’ pedestrian and bicycle
way granted by Etchstone Properties, Inc. to the City of Nashua in connection with Etchstone
Properties, Inc.’s development of Barrington Village Condominium.

This portion of Serenity Lane appears as an easement area on a number of recorded plans,
the first being the plan entitled “Consolidation — Subdivision Plan Lots 2392, 56 & 1044, Map ‘B’
Ridge Road and Middle Dunstable Road Nashua, New Hampshire” prepared by Alan H. Swanson,
Inc. dated 16 December 1985 and recorded as Plan No. 19229 (“Plan No. 19229”). Plan No. 19229
depicts a so-called Proposed 50’ Private Access & Utility Easement (the “S0’ Easement’), in the
exact locus of the Second Portion of Serenity Lane. This Second Portion (the 50’ Easement as
shown on Plan No. 19229) also appears on a number of other plans, including those for Barrington
Village Condominium, such as Plan No. 30963.

When Etchstone Properties, Inc. acquired Lot 57 (which becomes Monis Farm Estates
(Ext.)) in 2014, Etchstone Properties, Inc. also acquired rights to the 50’ Easement. See the third
paragraph of the warranty deed of Phyllis Monis, Trustee of the Phyllis Monis 2013 Revocable
Trust, to Etchstone Properties, Inc. dated April 15, 2014 and recorded at Book 8653, Page 16, a
copy of which is enclosed. Etchstone Properties, Inc.’s rights to the 50’ Easement (across Lot 56,
part of Barrington Village Condominium), were insured by Chicago Title Insurance Company,
together with Lot 57.

As noted, the 50’ Easement runs across Lot 56 (the submitted land of Barrington Village
Condominium). Etchstone Properties, Inc. was the declarant of Barrington Village Condominium.
It established Barrington Village Condominium by the Declaration of Condominium of Barrington
Village Condominium dated May 30, 2001 and recorded at Book 6429, Page 2196. The legal
description of Lot 56 in the Declaration of Condominium makes reference to Plan No. 30963.

Plan No. 30963, in turn, depicts the 50’ Easement, as does Plan No. 19229 as mentioned
before. Accordingly, in the legal description of Lot 56 in the Declaration of Condominium notes
that Lot 56 (the submitted land and thus the common land and railroad strip) is “subject to a
proposed 50’ wide access and utility easement shown on said Plan No. 19229.” Therefore, when
established, Barrington Village Condominium was created with recognition of the 50’ Easement
as shown on Plan No. 19229.

January 9, 2019
Page 5

Given these facts, when conveying units in Barrington Village Condominium, Etchstone
Properties, Inc. noted that the units (and their interests in common area) were subject to a variety
of easements, including the “Proposed 50’ Wide Access and Utility Easement” shown on said Plan
No. 19229).

The Barrington Village Condominium Association, by and through its Board of Directors,
manages and maintains the common area (inclusive of the railroad strip) and the fee interest in
land over which the Second Portion of Serenity Lane (the 50’ Easement) is located (Lot 56).
Recognizing that the 50’ Easement runs across Lot 56 (the land of Barrington Village
Condominium) and the other underlying circumstances, the Board of Directors of Barrington
Village Condominium Association executed an instrument entitled Acknowledgment of
Easements (Barrington Village Condominium / Monis Farm Estates) dated January 23, 2014 and
recorded at Book 8653, Page 8, a copy of which is enclosed. This instrument acknowledges that
the submitted land of Barrington Village Condominium is “subject to” the 50’ Easement depicted
on Plan No. 19229.

Given the foregoing, it is our opinion that at the time of dedication of the public servitude
of Serenity Lane (by the recordation of Plan No. 38816 and Plan No. 38863), Etchstone Properties,
Inc. had sufficient property rights in the 50’ Easement to dedicate the Second Portion of Serenity
Lane for acceptance by the City of Nashua as a Class V highway. Please note that fee simple title
to Lot 56 (the submitted land of Barrington Village Condominium) over which the 50’ Easement
(the Second Portion of Serenity Lane) runs is held by the various unit owners of Barrington Village
Condominium, each owning an undivided 1/72™ interest. Their ownership of undivided interests
in the submitted land of Barrington Village Condominium (Lot 56), and any mortgages of their
interests in the submitted land of Barrington Village Condominium are junior, of course, to the
rights in favor of Etchstone Properties, Inc.

As with the First Portion, any mortgages which encumbered Etchstone Properties, Inc.’s
rights to the 50’ Easement have been discharged.

C. Third Portion

The remaining portion of Serenity Lane is the section that lies on Lot 57 (now Monis Farm
Estates (Ext.)) and as shown on Plan No. 38863.

As noted in the deed of Phyllis Monis, Trustee of the Phyllis Monis 2013 Revocable Trust,
to Etchstone Properties, Inc., dated April 15, 2014 and recorded at Book 8653, Page 16, Etchstone
Properties, Inc. acquired full fee simple title to Lot 57 as well as all of the rights to the 50’
Easement. Etchstone Properties, Inc. held title to Lot 57 and the rights of the 50’ Easement at the
time it dedicated Serenity Lane by the recordation of Plan No. 38816 and Plan No. 38863.
Accordingly, it is our opinion that Etchstone Properties, Inc. had sufficient property rights in the
Third Portion of Serenity Lane to dedicate it to the public servitude and to dedicate it for
acceptance as a Class V highway. Any mortgages encumbering Lot 57 have been discharged.

January 9, 2019
Page 6

Please note that all recording references are to the Hillsborough County Registry of Deeds.

Very truly yours,

Winer and Bennett, LLP

iad

adford Westgate, Partner

vestgate(@winerbennett.com

JBW:cns
Enclosures
cc: Etchstone Properties, Inc. (w/encs.)

Doc #4013028 Apr 16, 2014 9:44 AM
Book 8653 Page 0034 = Page 1 of 5
Register of Deeds, Hillsborough County

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ADMERASTRATION

DECLARATION OF ACCESS AND UTILITY EASEMENTS
(To Benefit Lot 57 - Monis Farm Estates)

THIS DECLARATION is made this 44 a day of _J#fAse , 2014, by Etchstone
Properties, Inc., a New Hampshire corporation, Qne Legacy Drive, LLC, a New Hampshire
limited liability company, and Four Searles Road, LLC, a New Hampshire limited liability
company, all with a place of business at 179 Amherst Street, Nashua, Hillsborough County, New
Hampshire 03064 (the “Declarants”).

Recitals:

WHEREAS, one or more of the Declarants are the owners of certain real estate in
Nashua, Hillsborough County, New Hampshire, known as Monis Farm Estates, such real estate
being shown as Lots 3148 through 3151, 3153 through 3169, 3171 through 3184 and 3186
through 3187 (inclusive) (collectively, the “House Lots”), as well as being the owners of Open
Space-3152-, Open Space-3170- and Open Space-3185- (collectively, the “Open Space”), all as
shown on a plan set, the first page of which is entitled “Master Subdivision Plan (Map ‘B’ Lots
20 & 57) Monis Farm Estates, Searles & Middle Dunstable Roads, Nashua, New Hampshire,
Prepared For/Record Owner: Phyllis Monis 2013 Revocable Trust”, prepared by
Hayner/Swanson, Inc., dated 8 May 2013, and recorded with the Hillsborough County Registry
of Deeds Plan No7®4(__ (the “Plan”); and

WHEREAS, Etchstone Properties, Inc. is also the owner of Lot 57 as shown on the Plan
(“Lot 57”); and

WHEREAS, the Plan depicts a “Proposed Private Access Easement and Utility Easement
‘H’” which benefits Lot 57 (the “Access and Utility Easement”) which is located on a portion of
Open Space-3152-; and

WHEREAS, the Open Space is contemplated to be owned in common by future owners
of the House Lots; and

WHEREAS, the Declarants desire to establish the various rights and easements to
implement the Access and Utility Easement.

Cf
L-CIOP
HIA266804