panciocco law, llc...panciocco law, llc patricia m. panciocco * one club acre lane tel. 603-518-5370...

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PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 www.pancioccolaw.com E-mail: [email protected] March 5, 2020 VIA E-MAIL ONLY Fieldstone Land Consultants, PLLC Attn: Michael D. Ploof, L.L.S. 206 Elm Street Milford, NH 03055 Re: Pine Grove Springs Country Club, Inc. Proposed Easements/Deeds Dear Mike: I have attached the following proposed instruments for you to deliver to the Town for its review: 1. Declaration of Stormwater Management Easements & Covenants; 2. Declaration of Common Driveway Easement for Lot 5K-B-8-2 & Lot 5K-B-8-3; 3. Declaration of Common Driveway Easement for Lot 5K-B-8-4 & Lot 5K-B-7; 4. Declaration of Common Driveway Easement for Lot 5N-B-9-1 & Lot 5N-B-9-2; 5. Warranty Deed (Lot 5K-B-8-1); 6. Warranty Deed (Lot 5K-B-8-2); 7. Warranty Deed (Lot 5K-B-8-3); 8. Warranty Deed (Lot 5K-B-8-4); and 9. Warranty Deed (Lot 5N-B-9-2). If the Town has any changes to be made to the above instruments, please have them contact Pat directly to go over requested changes. Thank you. Sincerely, Lynn Davis Paralegal to Patricia M. Panciocco Attachments cc: Client

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Page 1: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370

*Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946

www.pancioccolaw.com E-mail: [email protected]

March 5, 2020

VIA E-MAIL ONLY

Fieldstone Land Consultants, PLLC

Attn: Michael D. Ploof, L.L.S.

206 Elm Street

Milford, NH 03055

Re: Pine Grove Springs Country Club, Inc.

Proposed Easements/Deeds

Dear Mike:

I have attached the following proposed instruments for you to deliver to the Town for its review:

1. Declaration of Stormwater Management Easements & Covenants;

2. Declaration of Common Driveway Easement for Lot 5K-B-8-2 & Lot 5K-B-8-3;

3. Declaration of Common Driveway Easement for Lot 5K-B-8-4 & Lot 5K-B-7;

4. Declaration of Common Driveway Easement for Lot 5N-B-9-1 & Lot 5N-B-9-2;

5. Warranty Deed (Lot 5K-B-8-1);

6. Warranty Deed (Lot 5K-B-8-2);

7. Warranty Deed (Lot 5K-B-8-3);

8. Warranty Deed (Lot 5K-B-8-4); and

9. Warranty Deed (Lot 5N-B-9-2).

If the Town has any changes to be made to the above instruments, please have them contact Pat

directly to go over requested changes.

Thank you.

Sincerely,

Lynn Davis

Paralegal to Patricia M. Panciocco

Attachments

cc: Client

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After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

DECLARATION OF STORMWATER MANAGEMENT

EASEMENTS & COVENANTS

THIS DECLARATION OF STORMWATER MANAGEMENT EASEMENTS &

COVENANTS (“Declaration”) is made this __ day of March, 2020, by PINE GROVE SPRINGS

COUNTRY CLUB, INC., a New Hampshire business corporation, with a mailing address of 292 NH

Route 9A, P.O. Box 56, Spofford, New Hampshire 03462 (“Declarant”) relative to Lot 5K-B-8-1, Lot

5K-B-8-2, Lot 5K-B-8-3, Lot 5K-B-8-4 and Lot 5N-B-9-2 located in the Town of Chesterfield,

Cheshire County, State of New Hampshire, shown on a plan entitled “SUBDIVISION PLAN TAX MAP

5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A) CHESTERFIELD,

NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE SPRINGS COUNTRY

CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”, dated August 1, 2019, last

revised on March 3, 2020, prepared by Fieldstone Land Consultants, PLLC and recorded as Plan

No.______ in the Cheshire County Registry of Deeds (“Plan”).

BACKGROUND

WHEREAS, the Declarant owns two (2) parcels of land located in the Town of Chesterfield,

Cheshire County, New Hampshire: (a) the first parcel is known to the Town of Chesterfield

(“Town”) as Lot 5K-B-8 having 8.744 acres, frontage along the northerly side of N.H. Route 9A

and frontage along the southerly shore of Spofford Lake (“Parcel 1”); and (b) the second being

known to the Town as Lot 5N-B-9-1 having 83.01 acres with frontage along the southerly sideline

of N.H. Route 9A (“Parcel 2”) (collectively the “Premises”);

WHEREAS, the Premises are more particularly described in the deeds recorded at Book

839, Page 102 and Book 839, Page 379 in the Cheshire County Registry of Deeds (“Registry”);

WHEREAS, the Declarant submitted a plan to the Town of Chester Planning Board

(“Board”) proposing to subdivide the Premises and create four (4) new lots from Parcel 1 and one

(1) new lot from Parcel 2;

WHEREAS, Lots 5K-B-8-1, Lot 5K-B-8-2, Lot 5K-B-8-3, Lot 5K-B-8-4 have frontage

along Spofford Lake, have a higher elevation than the lake and are subject to the Spofford Lake

Overlay District; and Lot 5N-B-9-2 is part of Parcel 2 is within reasonable proximity of the Lake

(“Lots”).

Page 3: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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WHEREAS, recent reports relative to the water quality and vegetation within Spofford Lake

suggest there may be a connection between stormwater and other discharges running toward the

Lake may be causing adverse impacts, which has caused the Board concerns;

WHEREAS, the Declarant’s Plan shows the proposed development of the Lots to be located

along their N.H. Route 9A frontage away from the Lake and to reduce stormwater flow running

over the Lots by the installation of various swales, culvert pipes, rain gardens, level spreaders and

other stormwater and drainage controls (“Stormwater Facilities”) on each new Lot which will

detain, treat and slow and redirect runoff away from the Lake as shown on the plans attached to this

Declaration as Exhibit A (“Lot Plans”);

WHEREAS, the Lot Plans also show an estimated amount of impervious coverage

permitted on each Lot associates with its proposed development on which the report entitled

“STORMWATER MANAGEMENT REPORT PINE GROVE SPRINGS COUNTRY CLUB

SUBDIVISION” dated January 8, 2020, last revised on February 19, 2020 (“Stormwater Management

Report”) prepared by Fieldstone Land Consultants, PLLC on file with the Town relies, any increase

of which may require an amended approval by the Town; and

WHEREAS, the Declarant wishes to insure any subsequent owner of a new Lot installs the

Stormwater Facilities as shown on the applicable Lot Plan prior to, or simultaneous with, any future

development of the Lot development, they are completed before the Town issues a Certificate of

Occupancy and that Lot owner, their successors and/or assigns remain obligated to maintain and

insure the proper function of the Stormwater Facilities in perpetuity to protect the Lake.

NOW THEREFORE, the Declarant hereby declares legal title to the Lots shall be held,

transferred, sold, conveyed and occupied subject to the following:

1. The term “Stormwater Facilities” shall include, but not be limited to, drainage, swales, storm

water inlets and outlets, drainage pipes, detention basins, rain gardens, level spreaders, catch

basins and other drainage improvements installed and/or constructed on the Lots to manage and

control the flow of stormwater running over, under and through the Lots toward the Lake.

2. The areas shown on the Lot Plans as occupied by a Stormwater Facility shall remain subject to

this Declaration and presumed to be an easement perpetually dedicated to stormwater

management (“Easement Areas”).

3. Prior to, or simultaneous with any development or construction on a Lot, its owner shall

construct and install the Stormwater Facilities as shown on the applicable Lot Plan.

4. Once the required Stormwater Facilities have been installed, the Lot owner shall remain

obligated to ensure they continue to function as intended and remain unobstructed and free

of silt, trash and other debris in perpetuity.

5. All installation, maintenance, repair and management of the Stormwater Facilities shown on the

Lot Plans shall strictly follow the best management practices recommended by the New

Hampshire Department of Environmental Services (“BMP’s”) further guidance as to which may

be found in Section 3.2 of the Maintenance Manual on file with the Town.

Page 4: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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6. Each Lot owner shall bi-annually inspect all Stormwater Facilities in accordance with Section

3.2 of the Stormwater Management Report (“Inspection & Maintenance Manual”) to ensure their

intended function by:

i) Removing of all accumulated sedimentation or debris near all inlets and outlets of

any Stormwater Facility;

ii) Annual mowing as may be required to control woody vegetation from blocking an

inlet of the Stormwater Facility to maintain its function;

iii) Removing accumulated silt, sedimentation or debris within any channel or swale;

iv) Repairing areas of erosion by regrading and reseeding as maybe required;

v) Regrading downslope areas of any level spreader to ensure the area is level;

vi) Inspecting bioretention areas (“Rain Gardens”) to confirm plantings remain healthy;

vii) Removing sediment and silt in pretreatment areas;

viii) Removing any trash and debris;

ix) Confirming outlets of Rain Gardens draw down within 72 hours of any rainfall event

and if not, contact a civil engineer to assess and restore its filtration function; and

x) Pruning and removing dead or diseased vegetation and replace it as needed.

7. The Town, its agents and authorized representatives shall have the right, but not the obligation,

to enter onto the Lots after providing reasonable notice to the Lot owner for the purpose of

inspecting the Stormwater Facilities to confirm proper maintenance as required by this

Declaration.

8. If the Town determines corrective measures are required, it shall notify the Lot owner in writing

of those corrective measures which shall be completed within thirty (30) days.

9. In the event the Lot owner fails to address corrective measures requested by the Town within

thirty (30) days, the Town may complete that work and recover its costs from the Lot owner.

10. The Declarant and any future Lot owner, by accepting the delivery of the deed to their Lot, agrees

to comply with the terms of this Declaration and hereby indemnifies the Town, its officials, agents

and employees from any real or perceived liability associated with the proper function and

maintenance of the Stormwater Facilities located on their Lot.

11. This Declaration shall be recorded in the Cheshire County Registry of Deeds and referenced

in each deed to a Lot to provide actual notice to each owner of Lot of their obligations and

responsibilities relating to the Stormwater Facilities.

12. Any amendment to this Declaration shall be by a written instrument approved by the Town of

Chesterfield Planning Board and the Lot owner, or all the Lot owners as may be required.

13. The obligations herein described shall perpetually bind the Declarant, and all successor Lot

owners.

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PINE GROVE SPRINGS COUNTY CLUB, INC.

____________________________ _______________________________

Witness By: Robert Maibush

Its: President

Duly authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged that

he executed the same as his free act and deed for the purposes therein contained.

_________________________________

Justice of the Peace/Notary Public

My commission expires:____________

Page 6: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

EXHIBIT ALOT PLANS

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DRAFT

Lynn
Highlight
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DRAFT

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DRAFT

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DRAFT

Page 10: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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DRAFT

Page 11: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

DECLARATION OF COMMON DRIVEWAY EASEMENT

Lot 5K-B-8-2 and Lot 5K-B-8-3

This Declaration of Common Driveway Easement is made this _____ day of

_________________, 2020 by PINE GROVE SPRINGS COUNTRY CLUB, INC., a New

Hampshire business corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56,

Spofford, New Hampshire 03462 (“Declarant”) relative to two (2) lots of land located in the Town

of Chesterfield, Cheshire County, New Hampshire, shown as Lot 5K-B-8-2 and Lot 5K-B-8-3,

on a plan entitled “SUBDIVISION PLAN TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX

MAP LOT 5N-B-9-1 (292 ROUTE 9A) CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR

AND LAND OF, PINE GROVE SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O.

BOX 56, SPOFFORD, NH 03462”, dated August 1, 2019, last revised on March 3, 2020, prepared

by Fieldstone Land Consultants, PLLC and recorded as Plan No.______ in the Cheshire County

Registry of Deeds (“Plan”) as more specifically described on Exhibit A.

COMMON DRIVEWAY AGREEMENT

The Declarant hereby declares as follows:

1. Each Lot owner shall equally share all costs associated with the use, maintenance

and repair of the Easement Area.

2. Each deed to a Lot shall reference this Declaration of Common Driveway Easement

and remain subject to its conditions and restrictions.

3. Utilities may be installed within or through the Easement Area to service either or

both Lots.

4. Costs associated with maintaining and repairing, the Easement Area shall include

plowing, sanding, sealing, grading and top coating.

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5. In the event one Lot owner assumes all or certain of the obligations described

herein, the Lot owner assuming those costs shall have the right to seek a 50%

contribution from the other Lot owner provided the benefits of that investment

accrues equally to both Lot owners and those costs did not arise due from one Lot

owner’s desire for certain improvements.

6. Unpaid contributions shall constitute an inchoate lien encumbering the Lot of the

owner owing contribution, notice of which may be recorded in the Cheshire County

Registry of Deeds without the need for judicial intervention if remaining unpaid

after thirty (30) days.

7. In the event additional construction or utility improvements are required to the

Easement Area due to the needs of a single Lot owner, that Lot owner shall remain

responsible to for 100% of those costs unless stated otherwise in writing by an

agreement of both Lot owners.

8. The benefits, burdens and conditions of this Declaration shall run with the title to

each Lot and bind all present and future owners of these properties.

Pine Grove Springs County Club, Inc.

____________________________ _______________________________

Witness By: Robert Maibush

Its: President

Duly authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

_________________________________

Justice of the Peace/Notary Public

My commission Expires: ____________

Page 13: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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EXHIBIT A

A certain common driveway easement area encumbering Lot 5K-B-8-2 and Lot 5K-B-8-

3 located in the Town of Chesterfield, County of Cheshire, and State of New Hampshire, shown

on the Plan and more particularly described as follows:

Beginning at a point on the northerly sideline of N. H. Route 9A, said point being the

southeasterly corner of proposed Lot 5K-B-8-3 and the southwesterly corner of proposed Lot

5K-B-8-2; thence

1. North 78° 23’ 30” West a distance of 50.00 feet along the northerly sideline of N. H.

Route 9A to a point; thence

2. North 11° 36’ 30” East a distance of 30.00 feet through proposed Lot 5K-B-8-3 to a

point; thence continuing

3. North 54° 13’ 51” East a distance of 75.40 feet through proposed Lot 5K-B-8-3 to a

point; thence

4. South 57° 02’ 31” East a distance of 30.00 feet through proposed Lot 5K-B-8-3 to a point

on the common lot line between proposed Lot 5K-B-8-3 and 5K-B-8-2; thence’

5. South 06° 56’ 52” West a distance of 73.60 feet through proposed Lot 5K-B-8-2 to a

point on the northerly sideline of N. H. Route 9A; thence

6. North 82° 00’ 00” West a distance of 19.05 feet along the northerly sideline of N. H.

Route 9A to the point of beginning.

Having an area of 5,399 square feet.

Page 14: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

DECLARATION OF COMMON DRIVEWAY EASEMENT

Lot 5K-B-8-4 and Lot 5K-B-7

This Declaration of Common Driveway Easement is made this _____ day of

_________________, 2020 by PINE GROVE SPRINGS COUNTRY CLUB, INC., a New

Hampshire business corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56,

Spofford, New Hampshire 03462 (“Declarant”) relative to two (2) lots of land located in the Town

of Chesterfield, Cheshire County, New Hampshire, shown as encumbering Lot 5K-B-8-4 and

benefitting Lot 5K-B-7 on a plan entitled “SUBDIVISION PLAN TAX MAP 5K-B-8 (ROUTE

9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A) CHESTERFIELD, NEW

HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE SPRINGS COUNTRY CLUB,

INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”, dated August 1, 2019, last

revised on March 3, 2020, prepared by Fieldstone Land Consultants, PLLC and recorded as Plan

No.___ in the Cheshire County Registry of Deeds (“Plan”).

RECITALS

WHEREAS the Declarant submitted a subdivision plan to the Town of Chesterfield

Planning Board proposing to subdivide Lot 5-K-B-8 into four (4) new lots, one of which is Lot

5K-B-8-4;

WHEREAS, Lot 5K-B-8 is currently encumbered by an existing right of way reserved for

the benefit of Lot 5K-B-7 owned by B & K Aqua Club, Inc. having a mailing address of 44

Venezio Avenue, Albany, NY 12203 (“B&K”) located to the North of Lot 5K-B-4 in the deed

recorded at Book 839, Page 102 dated January 13, 1972;

WHEREAS, the Declarant’s pump house is also located on Lot 5K-B-7 owned by B&K

and the Declarant would like to reserve its right to use the right of way extending into Lot 5K-B-

7 to access and service its pump house and other equipment located on the B & K property; and

WHEREAS, the parties hereby wish to confirm the details of their use of the right of way

which extends over both properties in this Declaration of Common Driveway Easement in

writing to avoid any misunderstanding in the future and to disclose those rights to any

subsequent owner of Lot 5K-B-8-4.

Page 15: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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COMMON DRIVEWAY/RIGHT OF WAY AGREEMENT

The Declarant and B&K hereby agree as follows:

1. The Declarant hereby grants B&K as the owner of Lot 5K-B-7 a nonexclusive

appurtenant easement to access their land by vehicle or on foot over the 20-foot

wide right of way shown on the Plan and more particularly described on Exhibit A,

extending over and across the “Existing Right-of-way in Common Between Lot 5-K-

B-8 and 5K-B-7 (Bk. 839 Pg. 102 1/13/72 Tract 5)” shown on the Plan (“Easement

Area”).

2. B&K hereby grants the Declarant, and the Declarant hereby reserves, for the benefit

of Lot 5N-B-9-1, a nonexclusive access easement to use the Easement Area

encumbering Lot 5K-B-8-4 together with the existing right of way shown on the

Plan as extending into Lot 5K-B-7 owned by B&K to access and maintain the pump

house and related equipment located on Lot 5K-B-7.

3. The owners of Lot 5K-B-8-1 and Lot 5K-B-7 agree to equally share all reasonably

necessary costs associated with their use of the Easement Area.

4. Costs associated with maintaining and repairing, the Easement Area may include,

but will not be limited to grading, plowing, sanding, sealing and top coating

provided both Lot owners agree in writing prior to that work being completed that

they are responsible to contribute to those improvements.

5. Any Lot owner assuming full responsibility for the maintenance obligations

associated with the Easement Area, shall have the right to seek contribution from

the other Lot owner provided the Lot owners equally benefit from those

improvements and not from one owner’s desire to improve the easement Area.

6. Unpaid contributions shall constitute an inchoate lien encumbering the Lot of the

non-contributing Lot owner, notice of which may be recorded in the Cheshire

County Registry of Deeds without any need for judicial intervention if remaining

unpaid after thirty (30) days.

7. The Declarant and B&K agree this Declaration of Common Driveway Easement

shall run with the title to their Lots and be referenced in any subsequent deed

transferring their Lot.

8. By executing this Declaration, the parties intend to release any and all rights

previously granted or reserved in their deeds for the benefit of the other party’s Lot,

and to replace the rights described in those instruments with those described in this

Declaration.

Page 16: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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9. The benefits, burdens and conditions of this Declaration shall run with the title to

each Lot and bind all present and future owners of these properties.

PINE GROVE SPRINGS COUNTY CLUB, INC.

____________________________ _______________________________

Witness By: Robert Maibush

Its: President

Duly authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

_________________________________

Justice of the Peace/Notary Public

My commission Expires: ____________

Page 17: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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B&K AQUA, INC.

____________________________ _______________________________

Witness By:

Its:

Duly authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared

________________________, in his/her capacity as ______________, of B&K Aqua, Inc.,

known to me, or satisfactorily proven, to the person whose name is subscribed to the foregoing

instrument, and acknowledged that he/she executed the same as his/her free act and deed for the

purposes therein contained.

_________________________________

Justice of the Peace/Notary Public

My commission Expires:_____________

Page 18: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

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EXHIBIT A

A certain 20 ft. wide common driveway easement shown on the Plan extending to the

north from the northerly sideline of N.H. Route 9, over and across an existing right of way

encumbering Lot 5K-B-8-4 described in the deed dated October 27, 1971 to B & K Aqua Club,

Inc. recorded at Book 855, Page 115, located in the Town of Chesterfield, County of Cheshire,

and State of New Hampshire and more particularly described as follows:

Beginning at a point on the southwesterly property line of existing Lot 5K-B-7, said point

located North 64°46’ 59” West a distance of 36.70 feet from an iron pipe at the southeast corner

of said lot; thence

1. South 33° 24’ 23” West a distance of 114.80 feet through proposed Lot 5K-B-8-4 to a

point; thence continuing

2. South 55° 43’ 36” West a distance of 143.65 feet through proposed Lot 5K-B-8-4 to a

point; thence continuing

3. South 42° 46’ 43” West a distance of 75.69 feet through proposed Lot 5K-B-8-4 to a

point on the northerly sideline of N. H. Route 9A; thence

4. North 62° 36’ 30” West a distance of 20.74 feet along the northerly sideline of N. H.

Route 9A to a point that is South 62° 36’ 30” East a distance of 17.78 feet from the

southwest corner of proposed Lot 5K-B-8-4; thence

5. North 42° 46’ 43” East a distance of 83.46 feet through proposed Lot 5K-B-8-4 to a

point; thence continuing

6. North 55° 43’ 36” East a distance of 141.97 feet through proposed Lot 5K-B-8-4 to a

point; thence continuing

7. North 33° 24’ 23” East a distance of 107.98 feet through proposed Lot 5K-B-8-4 to a

point on the southwesterly line of existing Lot 5K-B-7 that is South 64° 46’ 59” East a

distance of 48.76 feet from the northwest corner of proposed Lot 5K-B-8-4; thence

8. South 64° 46’ 59” East a distance of 20.21 feet along the southwesterly line of existing

Lot 5K-B-7 to the point of beginning.

Having an area of 6,675 square feet.

Page 19: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

DECLARATION OF COMMON DRIVEWAY EASEMENT

Lot 5N-B-9-1 and Lot 5N-B-9-2

This Declaration of Common Driveway Easement is made this _____ day of

_________________, 2020 by PINE GROVE SPRINGS COUNTRY CLUB, INC., a New

Hampshire business corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56,

Spofford, New Hampshire 03462 (“Declarant”) relative to two (2) lots of land located in the Town

of Chesterfield, Cheshire County, New Hampshire, shown as Lot 5N-B-9-1 and Lot 5N-B-9-2,

on a plan entitled “SUBDIVISION PLAN TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX

MAP LOT 5N-B-9-1 (292 ROUTE 9A) CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR

AND LAND OF, PINE GROVE SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O.

BOX 56, SPOFFORD, NH 03462”, dated August 1, 2019, last revised on March 3, 2020, prepared

by Fieldstone Land Consultants, PLLC and recorded as Plan No.______ in the Cheshire County

Registry of Deeds (“Plan”) and more specifically described on Exhibit A.

COMMON DRIVEWAY AGREEMENT

The Declarant hereby declares as follows:

1. Each Lot shall equally share all costs associated with the use, maintenance and

repair of the Easement Area.

2. Each deed to a Lot shall reference this Declaration of Common Driveway Easement

and remain subject to its conditions and restrictions.

3. Utilities may be installed within or through the Easement Area to service either or

both Lots.

4. Costs associated with maintaining and repairing, the Easement Area shall include

plowing, sanding, sealing, grading and top coating.

Page 20: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

2

5. In the event one Lot owner assumes all or certain of the obligations described

herein, the Lot owner assuming those costs shall have the right to seek a 50%

contribution from the other Lot owner provided the benefits of that investment

accrues equally to both Lot owners and those costs did not arise due from one Lot

owner’s desire for certain improvements.

6. Unpaid contributions shall constitute an inchoate lien encumbering the Lot of the

owner owing contribution, notice of which may be recorded in the Cheshire County

Registry of Deeds without the need for judicial intervention if remaining unpaid

after thirty (30) days.

7. In the event additional construction or utility improvements are required to the

Easement Area due to the needs of a single Lot owner, that Lot owner shall remain

responsible to for 100% of those costs unless stated otherwise in writing by an

agreement of both Lot owners.

8. The benefits, burdens and conditions of this Declaration shall run with the title to

each Lot and bind all present and future owners of these properties.

Pine Grove Springs County Club, Inc.

____________________________ _______________________________

Witness By: Robert Maibush

Its: President

Duly authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

_________________________________

Justice of the Peace/Notary Public

My commission Expires:____________

Page 21: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

EXHIBIT A

A certain common driveway easement area encumbering Lot 5N-B-9-1 in the Town of

Chesterfield, County of Cheshire, and State of New Hampshire as shown on the Plan and more

particularly described as follows:

Beginning at a point on the southerly sideline of N. H. Route 9A, said point being the

northwesterly corner of proposed Lot 5N-B-9-2 and the northeasterly corner of that remaining

portion of existing Lot 5N-B-9-1 after subdivision; thence

1. South 38° 39’ 31” West a distance of 100.00 feet along the common lot line of proposed

Lot 5N-B-9-2 and the remainder of Existing Lot 5N-B-9-1 to a point; thence

2. North 62° 55’ 00” West a distance of 274.31 feet through existing Lot 5N-B-9-1 to a

point; thence continuing

3. North 90° 00’ 00” West a distance of 206.64 feet through existing Lot 5N-B-9-1 to a

point; thence continuing

4. On a curve to the right with a radius of 40.00 feet and a length of 72.92 feet through

existing Lot 5N-B-9-1 to a point; thence continuing

5. North 14° 26’ 50” East a distance of 34.46 feet through existing Lot 5N-B-9-1 to an iron

pin located on the southerly sideline of N. H. Route 9A; thence

6. South 78° 23’ 30” East a distance of 269.84 feet along the southerly sideline of N. H.

Route 9A to an iron pipe; thence continuing

7. South 82° 00’ 00” East a distance of 170.46 feet along the southerly sideline of N. H.

Route 9A to a point; thence continuing

8. South 67° 50’ 00” East a distance of 87.46 feet along the southerly sideline of N. H.

Route 9A to a point; thence continuing

9. South 56° 54’ 30” East a distance of 35.04 feet along the southerly sideline of N. H.

Route 9A to the point of beginning.

Having an area of 36,662 square feet.

Page 22: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 1 of 2

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

WARRANTY DEED

PINE GROVE SPRINGS COUNTRY CLUB, INC., a New Hampshire business

corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56, Spofford, New Hampshire

03462, for consideration paid, hereby grants and conveys the following described premises to

___________________________________________ as __________________________ with a

mailing address of , , with

WARRANTY COVENANTS:

A certain tract of land situate in the Town of Chesterfield, Cheshire County, New

Hampshire, shown as Lot 5K-B-8-1 (“Lot”) on a plan entitled “entitled “SUBDIVISION PLAN

TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A)

CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE

SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”,

dated August 1, 2019, last revised on March 3, 2020, prepared by Fieldstone Land Consultants,

PLLC and recorded as Plan No.______ in the Cheshire County Registry of Deeds (“Plan”)

This conveyance is subject to:

1. Facts, matters, details, easements and restrictions shown on the Plan and Easement

Plan.

2. Declaration of Stormwater Management, Easements & Covenants dated _______,

2020 recorded in the Cheshire County Registry of Deeds at Book ____, Page _____.

This property is not homestead property of the Grantor.

Meaning and intending to describe a portion of the premises conveyed to the Grantor by

deeds recorded in the Cheshire County Registry of Deeds at Book 839, Page 102 and Book 865,

Page 379.

Page 23: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 2 of 2

DATED this _____ day of ____________, 2020.

PINE GROVE SPRINGS COUNTY CLUB, INC.

By: Robert Maibush

Its: President

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

___________________________________

Justice of the Peace/Notary Public

Printed Name:

My Commission Expires:

Page 24: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 1 of 2

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

WARRANTY DEED

PINE GROVE SPRINGS COUNTRY CLUB, INC., a New Hampshire business

corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56, Spofford, New Hampshire

03462, for consideration paid, hereby grants and conveys the following described premises to

___________________________________________ as __________________________ with a

mailing address of , , with

WARRANTY COVENANTS:

A certain tract of land situate in the Town of Chesterfield, Cheshire County, New

Hampshire, shown as Lot 5K-B-8-2 (“Lot”) on a plan entitled “entitled “SUBDIVISION PLAN

TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A)

CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE

SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”,

dated August 1, 2019, last revised on March 3, 2020, prepared by Fieldstone Land Consultants,

PLLC and recorded as Plan No.______ in the Cheshire County Registry of Deeds (“Plan”)

This conveyance is subject to:

1. Facts, matters, details, easements and restrictions shown on the Plan and Easement

Plan.

2. Declaration of Stormwater Management, Easements & Covenants dated _______,

2020 recorded in the Cheshire County Registry of Deeds at Book ____, Page _____.

3. Declaration of Common Driveway Easement dated _______, 2020 recorded in the

Cheshire County Registry of Deeds at Book ____, Page _____.

This property is not homestead property of the Grantor.

Meaning and intending to describe a portion of the premises conveyed to the Grantor by

deeds recorded in the Cheshire County Registry of Deeds at Book 839, Page 102 and Book 865,

Page 379.

Page 25: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 2 of 2

DATED this _____ day of ____________, 2020.

PINE GROVE SPRINGS COUNTY CLUB, INC.

By: Robert Maibush

Its: President

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

___________________________________

Justice of the Peace/Notary Public

Printed Name:

My Commission Expires:

Page 26: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 1 of 2

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

WARRANTY DEED

PINE GROVE SPRINGS COUNTRY CLUB, INC., a New Hampshire business

corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56, Spofford, New Hampshire

03462, for consideration paid, hereby grants and conveys the following described premises to

___________________________________________ as __________________________ with a

mailing address of , , with

WARRANTY COVENANTS:

A certain tract of land situate in the Town of Chesterfield, Cheshire County, New

Hampshire, shown as Lot 5K-B-8-3 (“Lot”) on a plan entitled “entitled “SUBDIVISION PLAN

TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A)

CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE

SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”,

dated August 1, 2019, last revised on March 3, 2020, prepared by Fieldstone Land Consultants,

PLLC and recorded as Plan No.______ in the Cheshire County Registry of Deeds (“Plan”)

This conveyance is subject to:

1. Facts, matters, details, easements and restrictions shown on the Plan and Easement

Plan.

2. Declaration of Stormwater Management, Easements & Covenants dated _______,

2020 recorded in the Cheshire County Registry of Deeds at Book ____, Page _____.

3. Declaration of Common Driveway Easement dated _______, 2020 recorded in the

Cheshire County Registry of Deeds at Book ____, Page _____.

This property is not homestead property of the Grantor.

Meaning and intending to describe a portion of the premises conveyed to the Grantor by

deeds recorded in the Cheshire County Registry of Deeds at Book 839, Page 102 and Book 865,

Page 379.

Page 27: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 2 of 2

DATED this _____ day of ____________, 2020.

PINE GROVE SPRINGS COUNTY CLUB, INC.

By: Robert Maibush

Its: President

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

___________________________________

Justice of the Peace/Notary Public

Printed Name:

My Commission Expires:

Page 28: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 1 of 2

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

WARRANTY DEED

PINE GROVE SPRINGS COUNTRY CLUB, INC., a New Hampshire business

corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56, Spofford, New Hampshire

03462, for consideration paid, hereby grants and conveys the following described premises to

___________________________________________ as __________________________ with a

mailing address of , , with

WARRANTY COVENANTS:

A certain tract of land situate in the Town of Chesterfield, Cheshire County, New

Hampshire, shown as Lot 5K-B-8-4 (“Lot”) on a plan entitled “entitled “SUBDIVISION PLAN

TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A)

CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE

SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”,

dated August 1, 2019, last revised on March 3, 2020, prepared by Fieldstone Land Consultants,

PLLC and recorded as Plan No.______ in the Cheshire County Registry of Deeds (“Plan”)

This conveyance is subject to:

1. Facts, matters, details, easements and restrictions shown on the Plan and Easement

Plan.

2. Declaration of Stormwater Management, Easements & Covenants dated _______,

2020 recorded in the Cheshire County Registry of Deeds at Book ____, Page _____.

3. Declaration of Common Driveway Easement dated _______, 2020 recorded in the

Cheshire County Registry of Deeds at Book ____, Page _____.

This property is not homestead property of the Grantor.

Meaning and intending to describe a portion of the premises conveyed to the Grantor by

deeds recorded in the Cheshire County Registry of Deeds at Book 839, Page 102 and Book 865,

Page 379.

Page 29: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 2 of 2

DATED this _____ day of ___________, 2020.

PINE GROVE SPRINGS COUNTY CLUB, INC.

By: Robert Maibush

Its: President

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

___________________________________

Justice of the Peace/Notary Public

Printed Name:

My Commission Expires:

Page 30: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 1 of 2

After recording return to:

Panciocco Law, LLC

One Club Acre Lane

Bedford, NH 03110

WARRANTY DEED

PINE GROVE SPRINGS COUNTRY CLUB, INC., a New Hampshire business

corporation, with a mailing address of 292 NH Route 9A, P.O. Box 56, Spofford, New Hampshire

03462, for consideration paid, hereby grants and conveys the following described premises to

___________________________________________ as __________________________ with a

mailing address of , , with

WARRANTY COVENANTS:

A certain tract of land situate in the Town of Chesterfield, Cheshire County, New

Hampshire, shown as Lot 5N-B-9-2 (“Lot”) on a plan entitled “entitled “SUBDIVISION PLAN

TAX MAP 5K-B-8 (ROUTE 9A) AND PART OF TAX MAP LOT 5N-B-9-1 (292 ROUTE 9A)

CHESTERFIELD, NEW HAMPSHIRE PREPARED FOR AND LAND OF, PINE GROVE

SPRINGS COUNTRY CLUB, INC. 292 NH ROUTE 9A, P.O. BOX 56, SPOFFORD, NH 03462”,

dated August 1, 2019, last revised on March 3, 2020, prepared by Fieldstone Land Consultants,

PLLC and recorded as Plan No.______ in the Cheshire County Registry of Deeds (“Plan”)

This conveyance is subject to:

1. Facts, matters, details, easements and restrictions shown on the Plan and Easement

Plan.

2. Declaration of Stormwater Management, Easements & Covenants dated _______,

2020 recorded in the Cheshire County Registry of Deeds at Book ____, Page _____.

3. Declaration of Common Driveway Easement dated _______, 2020 recorded in the

Cheshire County Registry of Deeds at Book ____, Page _____.

This property is not homestead property of the Grantor.

Meaning and intending to describe a portion of the premises conveyed to the Grantor by

deeds recorded in the Cheshire County Registry of Deeds at Book 839, Page 102 and Book 865,

Page 379.

Page 31: PANCIOCCO LAW, LLC...PANCIOCCO LAW, LLC Patricia M. Panciocco * One Club Acre Lane Tel. 603-518-5370 *Admitted in NH & ME Bedford, New Hampshire 03110 Fax 603-206-5946 E-mail: Pat@

Page 2 of 2

DATED this _____ day of ____________, 2020.

PINE GROVE SPRINGS COUNTY CLUB, INC.

By: Robert Maibush

Its: President

Duly Authorized

STATE OF NEW HAMPSHIRE

COUNTY OF CHESHIRE

On this ___ day of March, 2020 before me, personally appeared Robert Maibush, in his

capacity as President, of Pine Grove Springs Country Club, Inc., known to me, or satisfactorily

proven, to the person whose name is subscribed to the foregoing instrument, and acknowledged

that he executed the same as his free act and deed for the purposes therein contained.

___________________________________

Justice of the Peace/Notary Public

Printed Name:

My Commission Expires: