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.
