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Book 8653 Page 0035 Page 2 ofS

Declaration of Easements

NOW, THEREFORE, for consideration paid, the Declarants hereby declare and establish
the following rights, easements, obligations and covenants regarding the Access and Utility
Easement:

1. Establishment of Access Easement. The Declarants hereby establish an access
easement, for ingress and egress by foot and by vehicles, in favor of Lot 57 (and any lots which
may be subdivided therefrom) over, under and upon land shown as the Proposed Private Access
and Utility Easement ‘H’ on the Plan (such fand being also referred to herein as the “Easement
Area”), subject to and in accordance with the remaining terms and conditions of this Declaration.
The Easement Area is more particularly described in Exhibit A attached.

2. Particular Easement Rights and Obligations regarding the Easement Area. The
owner(s) of Lot 57 and other parties in interest of Lot 57 including any successors-in-title to Lot

57, and the owners of any lots to be subdivided from Lot 57 (collectively, the “Benefited
Parties”), shall have the right to improve the Easement Area for travel by foot and by vehicles.
Such improvements may include paving the Easement Area, the establishment of sidewalks and
bicycle paths, and installing necessary slopes and embankments and related drainage facilities in
the Easement Area.

3. Use. The Benefited Parties, together with their guests, licensees and invitees,
shall have the right to use the Easement Area for ingress and egress, by foot and by vehicles.

4, Utility Easements. The Easement Area may also be used by the Benefited Parties
and others, including the City of Nashua and public and/or private utility providers, for the
installation, maintenance, repair and replacement and use of utility lines, equipment and
appurtenances, including installations for electric power, television and transmission of other
intelligence, water, sewer and natural gas.

5. Slope, Embankment and Drainage Easements. The Declarants hereby establish
slope, embankment and drainage easements over and under those portions of Open Space-3152-
which are immediately adjacent to the Easement Area. The Easement Area and such adjacent
portions of Open Space-3152- may be used to establish slopes and embankments and also used
for the drainage of storm and runoff water, the installation of drainage swales, culverts, piping
and other drainage appurtenances, in connection with the development and use of the Easement
Area,

6. Maintenance. Except as otherwise set forth in this Declaration and/or to the
extent accepted (for maintenance and/or other purposes) by the City of Nashua and/or any public
or private utility providers, the Benefited Parties shall be solely responsible for the upkeep and
maintenance of the Easement Area, any utility installations located in the Easement Area and any
slopes, embankments and drainage installations established on the Easement Area and/or on
Open Space-3152- adjacent to the Easement Area.

Book 8653 Page 0036 = Page 3 of 5

el, Public or Private Road. The Declarants may dedicate the Easement Area to the
public servitude, to become a public road or right-of-way, a road (and related right-of-way)
accepted by the City of Nashua and/or a Class V road, and/or may designate the Easement Area
as a private road (as permitted under the Nashua Land Use Code), and in connection therewith,
cause to be filed with the City of Nashua and/or recorded with the Hillsborough County Registry
of Deeds instruments and plans effecting the same.

8. Utility Easements. The Declarants may grant easements to the City of Nashua
and/or any public or private utility providers in connection with the installation, maintenance,

the utility services referenced in Section 4 above.

9. Enforcement. The Benefited Parties may enforce their rights under this
Declaration by all remedies available at law and equity, including the remedies of specific
performance and mandatory injunction.

10. Law. This Declaration shall be governed by and enforced in accordance with the
laws of the State of New Hampshire.

ll. Binding Effect. This Declaration shall be binding upon the owners of the Open
Space, their successors, successors-in-title and assigns, and inure to the benefit of the Benefited
Parties, The rights and easements established under this Declaration shall be perpetual and run
with the land, and be appurtenant to Lot 57 and any lots subdivided therefrom. This Declaration
shall be effective, whether or not referenced in any deed of the burdened parties or the Benefited
Parties.

12, Amendment and Termination. So long as Etchstone Properties, Inc. is the sole
owner of Lot 57, it may amend and/or terminate this Declaration.

[Space intentionally left blank]

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Book 8653 Page 0037 Page 4 of 5

IN WITN ESS WHEREOF, the Declarants have caused this Declaration to be duly
executed this 4" day of #424 , 2014.

Etchstone Praperties, Inc.

Z By: flies: FE hell fie
Witnéss Kevin T. Slattery, President

One Legacy Drive, LLC

By: 7 ei}
Wityess Kevin T. Slattery, Manage

Four Searles Road, LLC

By: v. “ey
Witness Kevin T. Slattery, Man&ger
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

This instrument was acknowledged before me this f 4 tay of nl , 2014,
by Kevin T. Slattery, President of Etchstone Properties, Inc., a New Hampshire corporation,
Manager of One Legacy Drive, LLC, a New Hampshire limited liability company, and Manager

of Four Searles Road, LLC, a New Hampshire limite: company, on behalf of such
entities,

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Book 8653 Page 0038 Page 5of5

EXHIBIT A
An area of land situated in Nashua, Hillsborough County, New Hampshire, shown as
“Proposed Private Access and Utility Easement ‘H’” on the Plan, being more particularly
described as follows:

Beginning at a point on the westerly sideline of Legacy Drive at the northeast corner of
Lot 3158; thence

N 74° 0S’ 27” W, a distance of 110.00 feet by Lot 3158 to a point at the easterly line of
Open Space-3 152- and being the northwest corner of Lot 3158; thence

N 71° 35’ 19” W, a distance of 30.03 feet to a point at Barrington Village Condominium,
thence

N 15° 54’ 33” E, a distance of 50.00 feet by Barrington Village Condominium to a point;
thence

S 71° 35’ 19” E, a distance of 30.03 feet to a point at the southwest corner of Lot 3157:
thence

S 74° 05’ 27” E, a distance of 110.00 feet by Lot 3157 to a point on the westerly sideline
of said Legacy Drive and being the southeast corner of Lot 3157; thence

S 15° 54? 33” W, a distance of 50.00 feet by said sideline to the point of beginning.

Containing 0.161 acres or 7,000 sq. ft. more or less.

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Doc #4013023 Apr 16, 2014 9:44 AM

Book 8653 Page 0016 Pagetof3 | C/A
Register of Deeds, Hillsborough County | L-CIIP

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REAL LATATE
TRANSFER TAX

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WARRANTY DEED

1, Phyllis Monis, Trustee of the Phyllis Monis 2013 Revocable Trust, created under
trust agreement between Phyllis Monis as both Grantor and Trustee, dated February 21,
2013, as amended, of 160 East Dunstable Road, Nashua, Hillsborough County, New Hampshire
03062 (the “Grantor”), for consideration paid, grant to Etchstone Properties, Inc., a New
Hampshire corporation, with a place of business at 179 Amherst Street, Nashua, Hillsborough
County, New Hampshire 03064 (the “Grantee”), with WARRANTY COVENANTS (except as
sct forth below), the following described premises:

Certain real estate in Nashua, Hillsborough County, New Hampshire, being part of Monis
Farm Estates, such real estate being shown as Lots 3148, 3150, 3155, 3159, 3161, 3174, 3177
and 3178, the fec interests in Legacy Drive lying along the frontages of said lots (to the
centerline of Legacy Drive in each case), Lot 57, and 8/37ths interest in each of (i) Open Space-
3152-, (ii) Open Space-3170- and (iii) Open Space-3185-, 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 as Plan No.78?7t___ (the Plans),
reference to which may be made for more particular descriptions (collectively, the “Premises”).

The Premises are conveyed together with all rights and easements appurtenant to the
Premises, including the (i) Proposed 30 Private Sewer Easement and Proposed 50 Private Access
& Utility Easement, both being shown on the plan entitled “Consolidation - Subdivision Plan
(Lots 2392, 56 & 1044 Map ‘B’) Ridge Road and Middle Dunstable Roads, Nashua, New
Hampshire” prepared for Bradgate Associates, Inc., dated 16 December 1985 by Allan H.
Swanson, Inc, and recorded with the Hillsborough County Registry of Deeds Plan No, 19229 and
on Hillsborough County Registry of Deeds Plans Numbered 30964 and 31127, (ii) those rights
and easements derived from the Agreement by and between Frank Monis and Phyllis Monis and
Meadowview Estates, Inc. dated August 28, 1985 and (iii) those rights and easements depicted
on and/or referred to in any unrecorded plans, permits and approvals, including those on file with
the Nashua City Planning Board and the Community Development Division of the City of Nashua.
The rights and easements conveyed by this paragraph by the Grantor to the Grantee are with
Quitclaim Covenants.

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Book 8653 Page 0017 = Page 2 of 3

The Premises are also conveyed together with any other interests in and/or appurtenant to
Monis Farm Estates, including interests in the Source Premises (defined below), except for the
lots (land) and interests in real estate conveyed this day by the Grantor to One Legacy Drive,
LLC and Four Searles Road, LLC, by deeds of even date recorded herewith.

The Premises are conveyed subject to the following, as and if applicable:

1, Open space (current use) land classification pursuant to RSA 79-A, and any land
use change tax, assessment or penalty which may be imposed pursuant thereto. Notices of
current use taxation are recorded at Book 2375, Page 436 (under Frank Monis}, Book 2465, Page
393 (under Frank Monis) and Book 2536, Page 155 (under Frank Monis). In addition, an
Application for Current Use (under the name of Frank Monis as applicant) is dated March 19,
1992 and recorded at Book 5327, Page 1084.

2. Grant of Access Easement from Frank Monis and Phyllis Monis to Meadowview
Estates, Inc. dated September 17, 1985 and recorded at Book 3379, Page 584,

3. Grant of Easement from Frank Monis and Phyllis Monis to the City of Nashua
dated September 17, 1985 and recorded at Book 3444, Page 853.

4, Customer's Acknowledgment and Agreement Regarding Water Service by Frank
Monis (in favor of Pennichuck Water Works, Inc.) dated November 13, 1995 and recorded at
Book 5703, Page 1537, pertaining to water service at 55 Middle Dunstable Road, Nashua, New
Hampshire.

5, Easements, notes and other matters set forth on the Plans.

For title, reference is made to the (i) Fiduciary Deed of Phyllis Monis, sole Trustee of the
Monis One Family Trust to the Grantor dated March 7, 2013 and recorded at Book 8560, Page
1348, (ii) the Corrective Fiduciary Deed of Phyllis Monis and James F. Monis, Trustees of the
Monis One Family Trust to the Grantor of near or even date recorded herewith and (iii) the
Fiduciary Deed of Phyllis Monis, Executor (Executrix) under the will of Frank Monis, to the
Grantor of near or even date, recorded herewith. For the Estate of Frank Monis, see the records
of the 9" Circuit — Probate Division — Nashua, Case No. 316-2013-ET-00298, The real estate
described in the deeds referenced in this paragraph is collectively referred to as the “Source
Premises,”

I, Phyllis Monis, am an unremarried widow. The premises are not my homestead
property nor the homestead property of any other person.

All recording references are to the Hillsborough County Registry of Deeds.

See the Certificate of Trustee of Phyllis Monis, Trustee of the Phyllis Monis 2013
Revocable Trust, of near or even date, recorded herewith.

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AMENDED
RESOLUTION R-16-022

11.

12.

13.

14.

CDBG Grant Administration - $122,326.60

General administration and planning costs of carrying out the CDBG and other related HUD
projects by the Urban Programs Department, including but not limited to regulatory
compliance monitoring, IDIS management, preparation of required grant reports, advertising,
recording fees, etc. Amount shall not exceed 20% of the entitlement award plus actual
program income received during the program year.

Proiect Delivery - $115,922

Construction management related to physical CDBG projects and Housing Improvement
Program, including but not limited to the direct cost of the Urban Programs Department staff
to conduct environmental reviews, drafting scope of work, preparation of bid documents,
bidding, construction management and Davis Bacon compliance.

Office of Emergency Management; Disaster Resilience Planning - $5,000*

Development, and implementation to approximately six pilot non-profit agencies, of a
standard assessment toolkit to assist non-profit entities conduct hazard & risk-assessments,
Emergency Action Plans, business continuity procedures, policies for documenting disaster
expenses for FEMA reimbursement, determination of physical security, safety & resilience
improvements; more fully described in a communication from Justin Kates placed on file at
the April 11, 2016 Human Affairs Committee meeting.

*Funding of this project is subject to the receipt of program income during the fiscal year as -
well as the CDBG planning/admin cap.

Contingency - $5,000
Reserve funds that may be applied to any of the activities described herein for unforeseen
costs; or other eligible urgent community needs as requested through the Board of Aldermen.

That all open and active CDBG activities from previous Action Plans be carried forward and

entered in the FY17 Action Plan as applicable; and

That the following HOME activities be carried out with an estimated annual grant of

$289,197 and reprogrammed funds from FY15 Administration in the amount of 4,868.79, fora
total of $294,065.79:

1.

HOME Grant Administration - $28,920

Administration of the HOME Program by the Urban Programs Department, including
determining eligibility, technical assistance to participants, compliance with program
regulations, underwriting, preparation and review of construction specifications,
environmental review, long-term monitoring and reporting to HUD.

Community Housing Development Organization (CHDO) Reserve - $43,379.55

Mandatory set aside, equal to 15% of the annual grant, for specific activities to be undertaken
by a private nonprofit, community-based organization that has staff with the capacity to
develop affordable housing for the community it serves. In order to qualify for designation as
a CHDO, the organization must meet certain requirements pertaining to their legal status,
organizational structure, capacity and experience as it relates to the project they are
developing.

Book 8653 Page 0018 Page 3of3

Fe

WITNESS my hand this [ 2 day of April, 2014.

wf ; Va aa A

Witness . yilis Monis, Trustee of the Phyllis Monis
2013 Revocable Trust

STATE OF NEW HAMPSHIRE

COUNTY OF HILLSBOROUGH

‘sont
This instrument was acknowledged before me this day of April, 2014, by Phyllis
Monis, Trustee of the Phyllis Monis 2013 Revocable Trust.

MORGAN A. HOLLIS Notary Pubic
fe NOTARY PUBLIC - NEW HAMPSHIRE 7 My Comrtissiogd Expires:
My Commisaion Expires May 12, 2016

Doc # 4013019 Apr 16, 2014 9:43 AM
Book 8653 Page 0008 Page 1 of 4
Re ier of Deeds, Hillsborough County

©

ACKNOWLEDGEMENT OF EASEMENTS
(Barrington Village Condominium / Monis Farm Estates)

Barrington Village Condominium Unit Owners’ Association, a New Hampshire
voluntary (non-profit) corporation, with an address of P.O. Box 7572, Nashua, Hillsborough
County, New Hampshire 03061 (the “Association”), the association of unit owners of Barrington
Village Condominium located in Nashua, Hillsborough County, New Hampshire, confirms and
acknowledges that the Submitted Land of Barrington Village Condominium is subject to the
Proposed 30 Private Sewer Easement and the Proposed 50 Private Access & Utility Easement
shown on Hillsborough County Registry of Deeds Plan No. 19229 and other recorded plans and
as contracted for in the Agreement by and between Frank Monis and Phyllis Monis and
Meadowview Estates, Inc. dated August 28, 1985, by virtue of the notation in Exhibit A of the
Declaration that the Submitted Land is “subject to” such easements and by reference to such
easements in each of the deeds from Etchstone Properties, Inc. to the unit owners at Barrington
Village Condominium,

IN WITNESS WHEREOF, Barrington Village Condominium Unit Owners’ Assgaigtion

has caused is i psument to be duly executed by its duly authorized President this aa’
of ana’ 2014.

Barrington Village Condominium Unit
Owners’ Association

So: Mt
Lay 4 Util ox bh CTa
Withess q E. Elliott, President

STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH

Subscribed, sworn to and acknowledged before me this 23 Gy of
4. Aid Ade , 2014, by John E. Elliott, President of Barrington Village
Condominium nit Owners’ Association, a New Hampshire voluntary (non-profit) Comparten:

on its behalf.
doity J Hoary

Notary Public

HOLLY 6.
My Commission Expires: Now

Hab,

wena tied sensi

gen) THE CITY OF NASHUA Tafel

Economic Development

To: Lori Wilshire, President
From: T. Cummings, Economic Development Director
Ce: — Members of the Board of Aldermen

Date: August 9, 2019

Re: Communication Seeking a Review & Approval of Design Concept Plans for the Performing
Arts Center Located at 201 Main Street

Per R-17-122 the PAC Steering Committee recommends the attached floor plan and overall design concept
as enclosed. This is a decision made by the group at their June 12" meeting and reaffirmed again at their
July 24" meeting.

This memo is being provided to request that the Board of Aldermen endorse the proposed design.

Ned Collier of ICON Architecture and I would welcome the opportunity to go through a more detailed
presentation in the near future where we can discuss how this PAC Steering Committee arrived at their
decision. The process that unfolded and the various issues and opinions that have been expressed along the
way, which has informed this design.

Thank you for your kind attention to this matter.

Enclosure

Selected slides from ICON presentation to the PAC Steering Committee of July 24"