Appendix D

This appendix is provided as a service to WMC residents.  All attempts have been made to publish a true and accurate version of the official document.  The official document is recorded with the Rockingham County Registry of Deeds.  In the event of a discrepancy between this page and the official document, the official document recorded with the Rockingham County Registry of Deeds will prevail. 

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APPENDIX D
THE WITHDRAWABLE LAND
RSA 356-B:16, IV

  1. The Declarant reserves the right to withdraw from the condominium, the roads as shown on the below described site plan together with the drainage easements paralleling the roads.  No permission of the unit owners is required.  The limitations on the option to contract the condominium are that it may be done solely for the purpose of dedicating said roads and drainage easements to the Town of Brentwood Site Plan Regulations and not otherwise.
  1. This option to contract the condominium by dedicating the roadways and drainage easement area to the Town of Brentwood shall expire 7 years subsequent to the recording of the Declaration.
  1. The legal description of the withdrawable land is as follows.  The withdrawable land may be withdrawn at different times; provided that it may only be withdrawn in conjunction with a portion of the condominium which has been declared and/or converted.
  1. There are three phases proposed, Phase I having been declared initially.  Phase II and Phase III as shown on the below described Site Plan may be converted pursuant to the terms of this Declaration and following such conversion the roadways may be dedicated to the Town of Brentwood and as such will become withdrawable land.
  1. The metes and bounds description which is not withdrawable is described as in paragraph B hereof except as described in this Appendix D.

A certain tract or parcel of land as described below.  The within tract is depicted on a plan entitled “ ROW and Phasing Plan Household Realty Trust Tax Map 4, Block 1, Lot 40” and recorded in Rockingham Records as Plan #D-26807, sheet 2 of 6, prepared by Jones & Beach Engineers, Inc., as the roads within the condominium project.  Pursuant to the terms of the Town of Brentwood Zoning Ordinance these roads must be dedicated to the public.  Accordingly, this description of the withdrawable land is incorporated so that the fee to the roads may be transferred to the Town of Brentwood if it accepts the dedication.

The withdrawable land is described: Beginning at a point on the northerly sideline of North Road in Brentwood, County of Rockingham, State of New Hampshire which point is westerly of the southeast corner of the submitted premises on the following courses: S 78° 36’ 40” W, 38.48 feet; and on a curve to the right having a radius of 10,033 feet a distance of 225.49 feet; S 77° 19’ 24” W, 115.41 feet; and on a curve to the right having a radius of 2,467 feet a distance of 143.55 feet; thence running on a curve to the right having a radius of 25 feet a distance of 38.68 feet; thence turning and running N 10° 41’ 41” W, 40.52 feet to a point; thence turning and running on a curve to the right having a radius of 275.00 feet a distance of 87.91 feet to a point; thence turning and running N 07° 37’ 18” E, a distance of 189.83 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance 38.71 feet to a point; thence turning and running S 83° 39’ 15” E, 34.06 feet to a point; thence turning and running on a curve to the left having a radius of 175.00 feet a distance of 27.60 feet; thence turning and running N 87° 18’ 38” E, 251.66 feet to a point; thence turning and running S 07° 54’ 36” E, 45.26 feet to a point; thence turning and running N 82° 05’ 24” E, 41.85 feet to a point; thence turning and running N 08° 35’ 39” W, 134.01 feet to a point; thence turning and running S 82° 05’ 24” W, 40.25 feet to a point; thence turning and running S 07° 54’ 36” E, 38.53 feet to a point; thence turning and running S 87° 18’ 38” E, 247.09 feet to a point; thence turning and running on a curve to the right having a radius of 125.00 feet a distance of 19.71 feet; thence turning and running N 83° 39’ 15” W, 22.53 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 50.70 feet to a point; thence turning and running on a curve to the right having a radius of 125.00 feet a distance of 39.11 feet to a point; thence turning and running N 46° 09’ 08” E, 338.89 feet to a point; thence turning and running S 26° 00’ 41” E, 32.54 feet to a point; thence turning and running N 63° 59’ 19” E, 33.03 feet to a point; thence turning and running N 08° 35’ 39” W, 36.64 feet to a point; thence turning and running N 26° 00’ 41” W, 99.04 feet to a point; thence turning and running S 63° 59’ 19” W, 44.00 feet to a point; thence turning and running S 26° 00’ 41” E, 48.94 feet to a point; thence turning and running S 46° 09’ 08” W, 354.97 feet to a point; thence turning and running on a curve to the left having a radius of 175.00 feet a distance of 86.22 feet; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 33.71 feet; thence turning and running N 83° 39’ 15” W, 100.97 feet to a point; thence turning and running on a curve to the left having a radius of 235.00 feet a distance of 259.98 feet to a point; thence turning and running S 32° 57’ 36” W, 301.86 feet to a point; thence turning and running on a curve to the left having a radius of 175.00 feet a distance of 97.11 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 37.48 feet to a point at North Road; thence turning and running along North Road N 87° 04’ 11” E, 100.52 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 42.85 feet to a point; thence turning and running on a curve to the right having a radius of 125.00 feet a distance of 60.38 feet to a point; thence turning and running N 32° 57’ 36” E, 301.86 feet to a point; thence turning and running on a curve to the right having a radius of 185.00 feet a distance of 204.66 feet to a point; thence turning and running S 83° 39’ 15” E, 94.74 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 39.83 feet to a point; thence turning and running S 07° 37’ 18” W, a distance of 187.60 feet to a point; thence turning and running on a curve to the right having a radius of 325.00 feet a distance of 103.90 feet to a point; thence turning and running S 10° 41’ 41” E, 36.10 feet to a point; thence turning and running on a curve to the right having a radius of 25.00 feet a distance of 40.88 feet to a point at North Road; thence turning and running along North Road on a curve to the left, having a radius of 2,467.00 feet a distance of 101.13 feet to the point of the beginning.

Provided further that in the event only Phase I is built or that the Town of Brentwood accepts the dedication of the Phase I road prior to the conversion of Phase II and/or Phase III that also included with the withdrawable land is the temporary cul-de-sac having a radius of 100.00 feet as shown on the above described plan and designated on said plan as “Phase I Temporary Cul-De-Sac”.

Also included within the withdrawable land is the right to transfer to the Town of Brentwood the 15 foot drainage and maintenance easement parallel the within described roads all as shown on the said plan.

Last Modified 06/20/2006

 

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