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.
