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HomeMy WebLinkAboutMiscellaneous - 20 KITTREDGE ROAD 4/30/2018 (2):J August 6, 2012 Jared Eigerman Dalton & Finegold, LLP 34 Essex Street Andover, MA 01810 Re: 25 Kittredge Road — Lawfully Nonconforming Lot (MGL c. 40A, § 6) Dear Attorney Eigerman: I am receipt of your letter dated August 3, 2012, regarding the lot at 25 Kittredge Road in North Andover (the "Lot"), which you submitted on behalf of your clients Denise and Timothy M. Maynard, who own the Lot as tenants in the entirety. A copy of your letter is attached. Based upon the information in your letter, including all of its exhibits, I concur that although the Lot lacks the minimum 175 -foot street frontage required within a Residential 1 zoning district under the Zoning Bylaw, with 150 feet of street frontage the Lot complied with the Zoning Bylaw when created by an instrument of record under then -applicable Residential 2 zoning. I also concur that the Lot has not merged with the adjacent lot at 30 Kittredge Road for purposes of the Zoning Bylaw. Accordingly, the Lot is lawfully non -conforming and may be developed with a one -family dwelling. Please contact me at (978) 688-9545 with any questions. Sincerely, Gerald A. Brown DALTON &FINEGOLD, LLP ATTORNEYS AT L A W August 3, 2012 Gerald A. Brown, Inspector of Buildings Town of North Andover 1600 Osgood Street, Building 20, 2-36 North Andover, MA 01845 Re: 25 Kittredge Road — Lawfully Nonconforming Lot (MGL c. 40A, 6) Dear Inspector Brown: Our office represents Denise and Timothy M. Maynard (the "Maynards"), who own the lot at 25 Kittredge Road (the "Lot") in North Andover (the "Town"). The Maynards also own the adjacent lot at 30 Kittredge Road (the "Adjacent Lot"). In future, the Maynards or their successors -in -interest may seek a permit from the Town to construct a one -family dwelling at the Lot (the "Project"). With some exceptions, the Building Inspector cannot issue any building permit unless the plans for the building and the intended use in all respects fulfill the provisions of the Zoning Bylaw. (Zoning Bylaw [defined below] § 10.1.1.) By this letter, we respectfully request your written confirmation that although the Lot lacks the minimum frontage required under the current provisions of the Zoning Bylaw, the Lot complied with the Zoning Bylaw when created by an instrument of record, has not merged with the Adjacent Lot for purposes of the Zoning Bylaw, and so may be developed with a one family dwelling. I. THE LOT A. CREATION OF THE LOT It appears that the Lot was created as "Lot No. 39A" by a "Plan of Land in North Andover Showing a Change in Lot Lines," dated November 9, 1984, drawn by Andover Consultants, Inc., and recorded at the Northern Essex District of the Essex County Registry of Deeds (the "Registry") as Plan No. 9731 (the "1984 Plan"). According to the 1984 Plan, the Lot has street frontage along Kittredge Road of 150 feet. A copy of the 1984 Plan is attached as EXHIBIT A. Previously, the Lot was shown as Lot 39 on a "Definitive Subdivision Plan of Land of Bear Hill Located in North Andover, Massachusetts," dated April 26, 1982, and revised August 27, 1982, and October 12, 1982, prepared by Frank Gelinas and Associates, Inc., and recorded at the Registry as Plan No. 9085 (the "1982 Definitive Subdivision Plan"). Lot 39 had a smaller area than Lot 39A, but the side lot line appears to have intersected with Kittredge Road at precisely the same point, and, in any case, the street frontage was 150 feet at that time as well. 34 Essex Street Andover, MA 01810 telephone: (978) 470-8400 / (978) 269-6400 Facsimile: (9E'P4170V8kn re 30 Kittredge Road -- 08-03-2012 www.dlllpxom Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 2 B. OWNERSHIP HISTORY OF THE LOT Based on the publicly available records of the Records, the ownership history of the land subdivided to become the Lot and then the Lot itself is as follows: October 1981: Deed from Edwina Kittredge to Zachary Realty Corporation, dated October 28, 1981, and recorded on October 30, 1981, at the Registry in Book 1543, Page 35 (the "1981 Master Deed"), a copy of which is attached as EXHIBIT B. August 1987: Deed from "Zachary Realty Corporation" to "Alan P. Xenakis and Elizabeth M. Xenakis a/k/a Elizabeth Mae Xenakis, as husband and wife," dated August 24, 1987, and recorded on August 26, 1987, at the Registry in Book 2577, Page 341 (the Original Lot Deed"), a copy of which is attached as EXHIBIT C. July 1999: Massachusetts Foreclosure Deed by Corporation "Citicorp Mortgage, Inc" based upon the Modified 1988 Mortgage, dated September July 7, 1999, and recorded on July 8, 1999, at the Registry in Book 5490, Page 259 (the "July 1999 Lot Deed"), a copy of which is attached as EXHIBIT D. August 1999: Quitclaim Deed from "Citicorp Mortgage, Inc." to "William Williams II, Trustee of the Berlin Realty Trust," dated August 27, 1999, and recorded on September 1, 1999, at the Registry in Book 5542, Page 212 (the "August 1999 Lot Deed"), a copy of which is attached as EXHIBIT E. October 2001: Quitclaim Deed from William Williams II, Trustee of the Berlin Realty Trust to "Celeste K. Wetherell, individually," dated October 19, 2001, and recorded on October 25, 1999, at the Registry in Book 6432, Page 266 (the "2001 Lot Deed"), a copy of which is attached as EXHIBIT F. October 2011: Quitclaim Deed from "Celeste K. Damon, formerly known as a Celeste K. Wetherell, a married woman" to the "Timothy M. Maynard and Denise Maynard, husband and wife as tenants by the entirety," dated October 17, 2011, recorded on October 28, 2011, at the Registry in Book 12675, Page 6 (the "2011 Lot and Adjacent Lot Deed"), a copy of which is attached as EXHIBIT G. II. THE ADJACENT LOT Under the 1991 Master Deed, Zachary Homes took title in 1981 to the land that became the Lot and the Adjacent Lot, and in 1982 obtained a Definitive Subdivision Map that included both parcels in slightly different configurations. Based on the publicly available records of the Registry, Zachary Homes granted the Adjacent Lot to "David S. Wetherell and Celeste K. Wetherell, Husband and Wife, as Tenants by the Entirety," by a deed dated April 11, 1986, and recorded on April 22, 1986, at the Registry in Book 2173, Page 255 (the "Original Adjacent Lot Deed'), a copy of which is attached as EXHIBIT H. Approximately 25 years later, the Maynards took ownership of the Adjacent Lot under the 2011 Lot and Adjacent Lot Deed. LTR -- Brown re 30 Kittredge Road -- 08-03-2012 Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 3 III. ZONING APPLICABLE TO THE LOT Based on the Town's Zoning Map, available online through the Town's website at http://www.townofnorthandover.com/Pages/FV 1-00024FF 1 /SOOB5FC3A-OOB5FF0I.0/ nazoningmap.gif, the Lot is currently located within the Residential 1 ("RR1 ") zoning district. According to the Zoning Bylaw, last amended on July 10, 2006, available online through the Town's website at http://www.townofnorthandover.com/pages/NAndoverMA ZBA/ zoningbylaw.pdf (the "Zoning Bylaw"), the dimensional requirements of the R-1 district that area relevant to determining whether the Lot complies with the Zoning Bylaw are as follows. A. LOT AREA The minimum lot area in the R-1 district is 87,120 square feet. (Id. § 7.1 and Table 2.) According to the 1984 Plan, the Lot has an area of approximately 135,750 square feet, and so complies with this requirement. B. LOT WIDTH For any lot created after May 1, 1995, the minimum width of the lot in the R-1 district shall be a distance of one hundred (100) feet between the street frontage and the front building line. (Id. § 7.1.2.) Here, the Lot was created before May 1, 1995, so this requirement does not apply. C. STREET FRONTAGE Under the Town's Bylaws, frontage is defined to mean the "continuous distance between lot sidelines measured along the street line." (Id. § 2.38.). Minimum street frontage within the R-1 district is 175 feet (Id. § 7.2 and Table 2.) The lot line meeting this requirement constitutes the "street frontage" for the lot. (Id.) In no case shall actual street frontage at the street line be less than seventy five (75) feet, except as allowed by Special Permit under Section 7.2.2. (Id.) According to both the 1982 Definitive Subdivision Plan and the 1984 Plan, the Lot has street frontage along Kittredge Road of 150.00 feet. This is less than the current zoning requirement. However, the current minimum street frontage requirement does not always apply to single-family lots. Under Massachusetts General Laws ("MGL") Chapter 40A, Section 6 (the "Residential Lot Protection Statute"): Any increase in ... frontage... requirements of a zoning ... by-law shall not apply to a lot for single ... family residential use which at the time of recording or endorsement ... was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. LTR -- Brown re 30 Kittredge Road -- 08-03-2012 Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 4 The Residential Lot Protection Statute "grandfathers" once buildable lots held in separate ownership at the time a zoning change resulted in a particular parcel losing its status as a valid residential lot. (Preston v. Board of Appeals of Hull, 51 Mass. App. Ct 236, 239 (2001).) The purpose of this provision is "to freeze and minimize substandard lots," while at the same time protecting landowners from the hardship of not being able to use a once -valid residential lot. (Id., citing cases.) The Lot satisfies the Residential Lot Protection Statute, and so is not subject to the current 175 -foot street frontage requirement of the Zoning Bylaw, for the following reasons: Not in Common Ownership. In determining separate ownership, courts will look to the most recent instrument of record prior to the effective date of the zoning change from which the exemption is sought. (Marinelli v. Board of Appeals of Stou hg ton, 440 Mass. 255, 258 (2003), citing Adamowicz v. Ipswich, 395 Mass. 757, 763 (1985).) Here, as described above, the Lot and the Adjacent Lot were in separate ownership at the time that the Lot was rezoned from the R-2 district to the R-1 district in 1987: the Lot was owned by Alan P. Xenakis and Elizabeth M. Xenakis a/k/a Elizabeth Mae Xenakis, as husband and wife; while the Adjacent Lot was owned by David S. Wetherell and Celeste K. Wetherell, Husband and Wife, as Tenants by the Entirety. Then -Existing Requirements. According to both the 1982 Definitive Subdivision Plan and the 1984 Map, at the time that Lot 39 and then Lot 39A were created they were located within a Residential 2 ("R=2") zoning district, not an R-1 district. Minimum street frontage within the R-2 district is 150 feet (Id. § 7.2 and Table 2.) It is our understanding that this requirement was the same when the Lot was created in 1984, meaning that the Lot complied with then -current zoning when it was created. Therefore, the 175 -foot minimum street frontage requirement cannot apply to the Lot, which complied with the 150 -foot requirement that once applied. At Least 5,000 Square Feet of Area and 50 Feet of Frontage. According to the 1982 Definitive Subdivision Plan and the 1984 Map, the Lot has always had at least 5,000 square feet of area and 50 feet of frontage. IV. NON -MERGER OF THE LOT AND THE ADJACENT LOT In determining the exemption of the Lot from current street frontage requirements, it may be necessary to consider subsequent ownership of ownership of the Lot and the Adjacent Lot after the rezoning in 1987. Massachusetts courts interpret the Residential Lot Protection Statute to mean that separately owned lots at the time of the zoning change merge into one lot under the common law merger doctrine when they are subsequently purchased by one owner. (Preston, supra, 51 Mass. App. Ct. at pp. 240-44.) In the absence of a specific provision in the applicable zoning bylaws defining a "lot" in terms of sources of title or assessors' plans, the Supreme Judicial Court has consistently held that adjoining parcels may and, indeed, in certain instances, must be considered one lot for zoning purposes. (Heald v. Zoning Board of Appeals of LTR -- Brown re 30 Kittredge Road -- 08-03-2012 Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 5 Greenfield, 7 Mass. App. Ct. 286, 289-90 (1979) [Greenfield zoning ordinance defined lot without reference to Registry of Deeds].) However, it is within the legislative power of a municipality to override the effects of the common-law merger doctrine and allow lots that come into common ownership to be treated as separate lots for zoning purposes. (See Hoffman v. Board of Zoning Appeal of Cambridge, 74 Mass. App. Ct. 804, 812 (2009).) Here, the Town on North Andover does, in fact, have specific, applicable language in its Zoning Bylaw. There is, therefore, no need to turn to the common law principles of lot merger regarding the Lot and the Adjacent Lot. (Id., see also Preston, supra, 51 Mass. App. Ct at p. 240, distinguishing cases grandfathering undersized lots despite common ownership based upon language of local bylaws.) Under the Zoning Bylaw, a "lot" is defined as "an area of land in single or consolidated ownership which contains definite boundaries and ascertainable by a recorded deed in the Essex County Registry of Deeds Office." (Zoning Bylaw § 2.43.)1 Since the recording of the Original Lot Deed in 1987 it has been possible to ascertain the definite boundaries of the Lot -- and also the definite boundaries of the Adjacent Lot since the recording of its original deed in 1986. Moreover, the chain of title for the Lot and the Adjacent can be traced separately at the Registry. It follows that the Lot and the Adjacent Lot remain separate lots under the Zoning Bylaw. V. CONCLUSION Based upon this Letter, including all of its exhibits, we respectfully request that you issue a letter that confirms that the Lot is lawfully non-compliant with the Zoning Bylaw as to street frontage, and so is buildable. Please do not hesitate to call me directly at (978) 269-6404 with any questions. Thank you for your attention to this matter. Si Eigerman, This definition of "lot" was adopted at Town Meeting in 1989 (Town Bylaw., Table of Revisions, Town Meeting 1989, art. 32), and we are not aware of any previous definitions under the Town Bylaw. However, any previous definitions of the term "lot" would be irrelevant because common law merger could not conceivably have applied to the Lot and the Adjacent Lot before 2001, when Celeste K. Wetherell took title to the Lot as an individual. As noted above, Ms. Wetherell and her then -husband David S. Wetherell had taken title to the Adjacent Lot, as husband and wife, in 1986. We do not concede that common law merger could ever have occurred, given the distinction between joint marital property and individual property under Massachusetts law. (C.f. Rupprecht v. City of Pittsfield, Mass. Land Ct. Case No. 09 MISC 398766, p. 5 [no common control of lots because wife controls one as a life tenant and husband and wife control the other as joint tenants].) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 6 List of Exhibits ExxIBIT A — 1984 Plan ExxIBIT B — 1981 Master Deed EXHIBIT C — Original Lot Deed EXHIBIT D — July 1991 Lot Deed EXHIBIT E — August 1991 Lot Deed ExHIBIT F — 2001 Lot Deed ExHIBIT G — 2011 Lot and Adjacent Lot Deed EXHIBIT H — Original Adjacent Lot Deed cc: Denise and Timothy M. Maynard Judy Tymon, Town Planner LTR -- Brown re 30 Kittredge Road -- 08-03-2012 EXHIBIT A 1984 Plan (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 WT OOA 6 600 SF. NEW IDT LNE '1 �— 9 Bd01�05•E _ — —U31' WIDE UNLIir Eg4WFF122 tom r 9NP�l'A3'E ORIGINAL tM UN7 FOR 9 TEGISRn USE ONU` NOTE THE UNUTr EASEMENT FROM HNTREDGE ROOD TO UI,NO NIF THE T 6 NORTH ANDTER O THE SOMEa, ��� EASIDI'mT AS THAT SH IIN ON THE DEFINIMS FLAN. 4,.A G 4ME.N� 4A�t. a/ a, . to I HEREB/ CERTIFY THAT iN5 RAN CONFORMS TD THE RUES Aro ,E TIONS OF TIE RE0131 S'S OF OFFDS OF MASSFO'IUnSETSIS/. a�CGi'LYl�� K— NORTH_ ANDOVER PLANNING BOARD THIS RAN DOES NOT REWIRE THE AJVROAP INe ONN� O THE AWA EfOdBEA1ENT IS NOT A DETERMNATION AS TO OONFORMNICE WITH 2diIM RETp1WTIONS, NmE: THESE l PIA THE T ARE ODhANED B1 A B OJRMITTED TO NNIIID BOARD IN UEU UEU OF 1HE REIFASE OF TIE Wrfli1WT. NOTE: ZONING DISTRICT R-2. I.Od6 RAN SCALE: 1•• 600 UR 39"• 135,T50 9.F. PLAN of LAND \--k NEW LOT UNE ORIDN&U'RUN in NORTH ANDDVER MASS. , SHOWING A CHANGE IN LOi ONES SWIe: I"=40' DOW""Ob"91964 PKIR D P,TR: 2AfA1Mf REAUI U NAF dcoR�_� LOT 35A IDT 34A Mc. OeCalMM finetMia DawmmonwmncFm I U)T 33A CREIpRED BY: W�.r nOGWB OodlLYtmh _% IMNhNn�lba. sv Irc.1. 213 1 4'O NIO Ft, aa3. EXHIBIT B 1981 Master Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 ` $H1543 I', p wina Kittredge, 35 of Osborn Memorial Nome, 561 Theodore rremd Avenue, Rye, County . Westchester, of state of New York, - n ping Nwam4ed, for consideration paid,jgoudd% in theatoount of Three Nundred.Thousand Dollars (5300,000.00) grant to Zachary Realty Corporation, a Massachusetts corporation duly existing by and Mg under the laces of the Commonwealth of Massachusetts, its address being c% Phillipe, i' re Shinberg a Gerstein: P. C., 25 Kenoss Avenue, Haverhill, ]tssex County, Massachusetts - 8 xs6a 9 with utatmtdy tometde _ r•': it 5 �x • ' 4` . y � # [DrxriPGoe ad eenvn6Qaoce,, ;f ase] o alI of my right, title, ownership and interest in and to the land with the buildings a o thereon situate in North Andover, Essex County, Massachusetts; bounded and described . a as follows: 'Z Beginning e y td at a point on the southerly line of Dale Street.at a stone wall by land now or formerly C: A. Appleton, ' � of thence conn running northeasterly the southerly O h -dine V of Dale Street 545 feet to a point, thence turning and running easterly stili by the southerly line of Dale 'Street fn two courses. the first being 370. feet and .a.the second being 340 feet to a point, thence again by the southerly line of Dale �. Street 20 feet.to land now or formerly'of the.Town of-North Andover; thence running in a southwesterly direction 62 feet by a stone wall by said land of the Town of z o North Andover, thence running southerly 270 feet by•a stone wall and by land of - n m.','� the said Town of North Andover,.thence running again southerly 120 feet by a said stone wall and by land of the said Town of North Andover to a point, thence running '0'Zw easterly in two courses. by a stone wall and said land of the Town of North Andover w A �' 330 feet and 103 feet to a point at other land now or formerly of the said Town of < `'�' North Andover; thence in a southeasterly direction by a wall and land now or for- w merly of. the Town of North Andover. 1,330 feet to a stone wall at -land of T. Johnson, e » thence northwesterly by a wall and by.said Johnson land 2,384 feet to another wall . and land'now or formerly of C. A. Appleton, thence northeasterly and northerly in. tai w three courses by said land of Appleton and by a stonewall and gate therein 310, . 110, and 430 feet to the point begun at. ,e US Being the premises shown on a *Plan of Land Belonging to Joseph Kittredge, Marble- ' so ridge. North Andover, Massachusetts. Scale 100 ft. - 1" 1910" as recorded in the T r 0,s x 0. Essex North District Registry of Deeds as Plan Number 55._ o es Meaning a and intending to convey all the premises as described in a deed to no A a Z from Alice Whitwham, dated September 30, 1948. and recorded with the said Registry i .at Book 716, page 428. L ALSO being known and described as land with buildings thereon situated at Dale i '7 '> Street containing 49.4 acres. Book 716-427. Bounded on the North by Dale Streett ; s w. Edw" J. a Eileen C: Welch; Town of North Andover► South by Mitchell Johnson, East 3y-Toon of North Andover; Edward J. a Eileen C. Welch, West by James G. Tim.nons; Emile J. a- Antoinette Giardt this description being shown on Certificate j$ of Municipal Liens to be recorded an part of this conveyance. CANCEL r -r l .ti�•.•. . �...� �$ i r,. ra«eat ;�.- .�,t.�:c_.iEi' --'• . BRIS43 ' j 36 X. Rdriaa Kittredge. ��saw Mew to add gsaatee an rig6b of tm nd aodw iaterab dwmin. aw NNW= M.....»..».hud assd teat tuts • � ::....»»» day of. ««..�.Qi t.».............19 81 Witness t „C.Ta qq���r� 1, . ».. STATE OF IOW YORK i • OOUNTY OP WENCHES TER IL butober 28. 19 81 f . Tbw p nonalty appeased the above named Rdwina tCittredge and &&wv tW&-4 dse btegobng bathamast to be her act sad dad/ befo ` Recorded Oct.30t19t31 at 2t40PM #11832 m►a>aasazaro�m----^'^A'---� ' ws Mhl�lb l/.4A N.wfv EXHIBIT C Original Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 . ...... .......... .. 1.. 7 . ..- ... 11. 1 12 5.7 7.. Zadmmy p&&Ity O=pomtjcA, a. mwaackmaeus cmVov*icn *Ay o-janiced and mdating by Dw, of Havaxhill, -Essex COU%Y. WOO&UUM is emaidemion of the sum of T INEdred Thirty %cmand Dollaw 0290,000-00) Alm P. Ymnakis and Elizabeth )bn#1 hu� 1 i vifie, as JOU* =180 with the rights of *survivorship, of one Devonshire Place, Roston, YA with qafthim acuate nds the I=d in North kxkner, Essex COUntY, MMM&ABetts, being shown as lot No. 39A on 'Plan of Land in North hiamr.9xving a Change in wt Unes" dated Wmeriber 9, 1954 dram by Andovar (troultarks, Im. 9. and recorded with Essex North D..Strict Registry of Dwds as Plan M. 5731; to �r ich Plan reference may t>2 had for I nore particular 4mcripticn. Stbject to and with :tie bemfit of easements, conditimis, restrictions, and omenmts of record, insofar as the sant are in form and applicable. Being a partim of preldsas omveyed to it by deed of Edwixm:Kitf�- dated Octcber 28, :,qgj and recorded with said.r*gistry at Back 1543, Page 35 et seq. -a� cmv[!yanca does y&ct in and of itself canstituts a ocnvaymm of 811'41 Ck substantially all, of the assets of the granting corporation. 3N wrrhWS wmmsW, the said Zachary Realty C=pwaticn has caused these presents to be ex and ' ito corporate seal to be hereto affixed by Za&wy C. Alemnian, its Pzesidark, hereto duly authorized, this 24th &W of XxAmt, 1987. W9434.0d insimm"001, his d Y of �- � : Aloiraatisas, t$�E1k?21t � T* emmubna'A of 3wassakumft Essex, M August 24 19 27 Tba.=a�m Oq gbm gbo" Zakiary C. Alexanim, President of ZadW=y malty >vrW and beLmq duly authorized hezvonto, 41'Q' AWN my Recorded. Aug. 26,1987 at 2-.56?N #2755 EXHIBIT D July 1999 Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 B MASSACHUSETTS FORECLOSURE DEED BY CORPORATION Citicorp Mortgage, Inc. 8K 5490 PG 259 a corporation duly established under the laws of the State of Delaware and having its usual place of business at P.O. Box 790014, Ballwin, MO 63011 the mortgagee named in a mortgage from Alan P. Xenakis and Elizabeth Mae Xenakis to Citicorp Mortgage, Inc. dated September 2, 1988 and recorded with the Essex County (Northern District) Registry of Deeds at Book 2803, Page 87 and a confirmatory mortgage recorded with said Deeds at Book 2831, Page 302 and a modification agreement recorded with said records at Book 5096, Page 306 , by the power conferred by said mortgage and every other power for SEVEN HUNDRED SIXTY-SIX THOUSAND SIXTY-SIX AND 67/100 ($766,066.67) DOLLARS paid, grants to Citicorp Mortgage, Inc. of P.O. Box 790014, Ballwin, MO 63011, the premises conveyed by said mortgage. �U r� WITNESS the execution and the corporate seal of said corporation this /FI day of June, 1959. Citicorp Mo By_ C4 4,1 JUL 8'99 Am10:03 r SCOTT A. Ff NCH VIOL PM, The State of Missouri ST. LOUIS o ss. June 1 '1999 3� v Then personally appeared the above named SCOTT A. FRENCH VICE PAM S3 0 of Citicorp Mortgage, Inc. and acknowledged the f egoin instrt,l;le to be the free act and deed of Citicorp Mortgage, Inc., before me, Notary Public My Commission expi•es:Pat Willie Notary Public -Notary seal State of Missotxi CHAPTER 16? SEC. 6 AS AMENDED BY CHAPTER ;V OF 1969Jefferson County My Commission Exp, 06/27/2001 Every deed presented for eco;d shall contain or have endorsed upon it the fwi ,me, residence and post office address of the grantee and a recital of the a-c011at of the bili crosideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary eam. The full ; ,n;ideration shall mean the total price for the oonveyanrw without deduction for any liens or encumbrances assumed by the grantee o' remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shsll not affect the validity of any deed. No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. HARMON LAW OFI''ICEB, P.C. P.O. BOX 610389 NE77 ONIilGH1.ANDS,MA02461.0389 Q 0 © «: Z W Z W tY c 4 it AFFIDAVIT �,'K 5490 PG 240 I' WILDA B. PRICE, ASST. SECY of Citicorp Mortgage, Inc. make oath and say that the principal :;nd interest obligation mentioned in the mortgage above referred to were not paid or tendered or performed when due or prior to the sale, and that Citicorp Mortgage, Inc. caused to be published on Npril 28, 1999, May 5, 1999 and May 12, 1999 in the North Andover Citizen, a newspaper published or by its title page purporting to be published in Needham, there being no newspaper published in North Andover and the North Andover Citizen having a general circulation in North Andover, a notice of which the following is a true copy, (See attached Exhibit A) I also complied with Chapter 244, Section 14 of the Massachusetts General Laws, as amended, by mailing the required notices certified mail, return receipt requested. Pursuant to said notice at the time and place therein appointed, Citicorp Mortgage, Inc. sold the mortgaged premises at public auction by W. Todd Finn, a duly licensed auctioneer, of Commonwealth Auction Associates, Inc., to Citicorp Mortgage, Inc. for SEVEN HUNDRED SIXTY-SIX THOUSAND SIXTY-SIX AND 67/100 ($766,066.67) DOLLARS bid by Citicorp Mortgage, Inc., being the highest bid made therefor at said auction. Citicorp Mor e, I By: WILDA S. PRIt^f•, ASST, SECY The State of Missouri ST. LOUIS ,ss. Signed and sworn to by the said " of Citicorp Mortgage, Inc., before me, HARMON LAW OFFICES, P.C. P.o. eox 610389 NEWTON HIGHLANDS, MA 02461.0389 June 7 '1999 'R!CE, AC)ST SECY. Notary Public Pat Willis My Commission expires: Not C PubLk-nwtafv S"t State of Missouri Jefferson County My Commission Exp. 06/27=1 ):xhil,:ir. A xENAM LEGAL NOTICE NOTICE OF MpA}�plg 3 SALE OF REAL ESTATE BY ViMA and in execution of the pow of SA contained n a certain mortgage given by Alar P 1(enmkW and Eizabeth Mae X&Wdg to Cid 00rp Mortgage, Inc.. dated September 2. 1989 and reCCrded with the Esser County (Northern Dis11w)e f Deeds at book 21103, P299corded with said p� � sem at Book m as awith by a trodeiwtron aWsemem 06.0 W with add reoorda at Book 5098, Page 306, a niticta rtertgegs ie the present holder for breaCh d t�hs� Vora of said mor Op and br ties purpose of bm� the same will be saw at Pubic Auc- han at 3d10 p.m on May 211, 1999.On the W_ gaged premises brshld at 25 IOtredge Road Ale 't � �Arndovar, E �ft& ssex premises described in said mortgage de TO VRT: � as Lot No. 39A on Tlan of Land In NOeernber� �� dover UrW dated by Arc doter , k-- and rewrdsd WWI Es- sex North DPsbks Ragi*y of Seeds as PIM NO. 9731; to wtaich plan r ebrence for a more Particular dasrxiptlon. "lay be had Sub)eu r to and wbh the W'm a emwmr b, Card. kw* as San Bare d pic". d ed d Poen of preme. 00—yed to t by 19111 and rs d wnhppdated Odaher 29, 1543, Page 35 el esq. Said VSVY at Book m0dPa9ors' tine see deed recorded with FAsexDeeds I" BOOR �(Northeern usir j R'q"y a 77, Page 341. These premises wit be sold and conveyed sub - 1 lad b and with the bend d am rights, "9hb d wet restrk�dna. ---* a chine in tyre nahrre of Vans, xrp memeft WtAAe any and al unpaid lzx Vans, water and sew. I" and Ass"W nb or isre or ez- bbnoebrartoes of rawrd which arewe "k". twft priority ov, n "br Owl whether or not raernce a M"IcOOMHere 01 g n�rr� urn mma made in 0 1 he deed.. TEAMS OF SAIF: A deposit p aSMyfweTfao..nd($65,)00.00) _ by Oe bW or bank check wwdi ba re- aad *Ce to d �. � Wad Is ID at P time balance b to be paw by oerUW or Eenk Check at Iiemaon Law paw PC.. ISO Callubmia Stemnswit'tmasseder- "Its 02456, or by melt b PO. Scor 810388, Newton ►ignrands, 02461-M, wlyryw ' date a Bale. Deed wlq be prpri,dyed b pr chgs- e lOr rewrdng Mon apt in " ses of the r ch— Wica. The dea�*kJeorn Of We pn wnbkfad in gad scent a an error n shall comd In 11e �r tame, it any, b be amounCed at Bre sale. CITICORP MORTGAGE, MC. Present tower Of said mortgage i HARMON LAW OFFICES P,, . Veronica C. VkekoS, Esquire 150 Calibrntia street Newton. MA 02458 LAD836213 (817)556-05« Andover C*Z_, ", Se5, 5/12/98 5490 PG 761 EXHIBIT E August 1999 Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 6172442953 BK 55422 PG 212 �� MI 95 9.4 ;yam r]• J QUITCLAIM- DEED U CITICORP MORTGAGE, INC., a corporation duly established under the laws of Delaware and having its usual place of business at 15851 Clayton Road, Ballwin, Missouri for consideration paid, and in full consideration of SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS (S700,000.00) grants to WILLIAM WILLIAMS. ll. TRUSTEE OF THE BERLIN REALTY TRUST, u/d/t dated August 30, 1999 and recorded prior hereto with quitclaim covenants the following described premises: Being shown as Lot No. 39A on "Plan of Land in North Andover Showing a Change in Lot Lines" dated November 9, 1984 drawn by Andover Consultants, Inc., and recorded with Essex North District Registry of Deeds as Plan No. 9731; to which Plan reference may be had for N a more particular description. Subject to and with the benefit of easements, conditions, restrictions and covenants of record, insofar as the same are in force and applicable. ayj Being a portion of premises conveyed to it by deed of Edwina Kittredge date October 28, 1981 and recorded with said Registry at Book 1543, Page 35 et seq. For grantor s title see foreclosure deed recorded in Book 5490 Page 259. Z This conveyance does not constitute a transfer of all or substantially all of the corporate assets of Citicorp Mortgage, Inc. In Massachusetts. Witness the execution and the corporate seal of said corporation this day of August, 1999. v CITICORP MORTGAGE, INC. B u SSP 1 '139 a,M2:47 -4 11AftVJnPMWA STATE OF MISSOURI St. Louis, ,. August -17,1999 /+ OSM Then personally appeared the above-named ANLYAP of as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of Citicorp Mortgage, Inc. before me. y z q— Notary Public My Commission Expires: Notery Pub t t4otary Saw 1.8 State of Missouri 0 W Jefferson . My Commission Exp. 0070M a oGo AN. i H 1J c� d PECEIA Ii TIME AUG. 27. 1:34PM PRINT TIME AUG.27 1'35PM TOTAL P.02 EXHIBIT F 2001 Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 0 m a t (11 0 y BK 6432 PG 266 WILLIAM WILLIAMS II, TRUSTEE of the BERLIN REALTY TRUST u/d/t dated August 30, 1999 and recorded with Essex North Registry of Deeds, Book 5542, Page ate, for consideration paid of less than One Hundred ($100.00) Dollars and in accordance with Essex Probate and Family Court Docket No. 01 D 1941, hereby grants to Celeste K. Wetherell, individually, of 30 Kittredge Road, North Andover, MA 01845 with QUITCLAIM COVENANTS U the following described premises: N The land with the buildings thereon (if any) situate in North Andover, Essex County, Massachusetts, known and numbered as; bKittredge Road, being shown as Lot No. 39A on "Plan of Land in North Andover Showing a Change in Lot Lines" dated November 9, 1984 drawn by Andover Consultants, Inc., and recorded with said Deeds as Plan No. 9731; to which Plan reference may be had for a more particular description. Subject to and with the benefit of easements, conditions, restrictions and covenants of record, insofar as the same are in force and applicable. For grantor's title see Deed dated August 27, 1999 from Citicorp Mortgage, Inc. to grantor recorded with said Deeds at Book 5542, Page 212. OCT 25'01 Am10:03 Witness my hand and seal this 1115 day of October, 2001, no Massachusetts deed excise tax stamps being affixed hereto since none are required by law. Berlin Realty Trust u/d/t August 30, 1999 BY o ]D William Williams II, rust not gr individually act COMMONWEALTH OF MASSACHUSETTS IL ,ss. October 1, 2001 Then personally appeared the above-named William Williams II, Trustee of Berlin Realty Trust as aforesaid and acknowledged the foregoing instrument to be his free act and deed as Trustee aforesaid before me. Notary Public My Commission Expires: EXHIBIT G 2011 Lot and Adjacent Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 E3k201 IL 12675 F}�6•..:�'��9�2 03.- 49P nASSACHUSETTS STATE EXCISE TAX Essex North Registry Date: 10-28-2011 i 43:49ne CtH: 285 DocC:25?72 Fee. $69064.80 Cons: 6173309000.00 Quitclaim Deed 1, Celeste K. Damon, formerly known as Celeste K. Wetherell, a married woman, of North Andover, Essex County, Massachusetts In Consideration of One Million Three Hundred Thirty Thousand and kn no/100 Dollars ($1,330,000.00) Paid tr cGrant to Timothy M. Maynard and Denise Maynard, husband and wife as tenants by the entirety, of 60 Leanne Drive, North Andover, Essex County, Massachusetts, a� ,o With Quitclaim Covenants a The land with the buildings thereon situate in North Andover, Essex County, Z Massachusetts, known and numbered as 30 Kittredge Road, being shown as Lot No. 40A on "Plan of Land in North Andover Showing a Change in Lot cLines" dated November 9, 1984 drawn by Andover Consultants, Inc., and ar recorded with Essex North Registry of Deeds as Plan No. 9731; to which ,W Plan reference may be had for a more particular description. -- And also the land with the buildings thereon (if any) situate in North Andover, Essex County, Massachusetts, known and numbered as 25 0 Kittredge Road, being shown as Lot No. 39A on "Plan of Land in North V Andover Showing a Change in Lot Lines" dated November 9, 1984 drawn by Andover Consultants, Inc., and recorded with said Deeds as Plan No. 9731; to which Plan reference may be had for a more particular description. M c Subject to and with the benefit of easements, conditions, restrictions and covenants of record, insofar as the same are in force and applicable Bk 12675 Pg7 #25972 Meaning and intending to convey the same premises conveyed to me in Deed of October 23, 2001, recorded with Essex North Registry of Deeds at Book 6432, Page 264, as well as Deed of October 19, 2001, recorded with said Deeds at Book 6432, Page 266. We, Celeste K. Damon and Kent Damon, wife and husband, hereby release any and all rights of Homestead in the herein described premises. Bk 12675 Pg8 #25972 Witness my hand and seal this L"day of October, 2011. I� � I r 4."." Celeste K. Damon Commonwealth of Massachusetts F-5�(county), ss October/702011 On this i ay of October, 2011, before me, the undersigned notary public, personally appeared Celeste K. Damon, proved to me through satisfactory evidence of identification which were _ riVe-rS I i l , to be the person whose name is signed on the preceding document, and acknowledged to me that she signed it voluntarily for its stated purpose. itWr'ACEY M. MONAHM c«mmr Mr9=r2Qf Bk 12675 Pg9 #25972 Witness my hand and seal thisLq day of October, 2011. Kent Damon Commonwealth of Massachusetts 55 (county), ss October 2011 On this IA—ay of October, 2011, before me, the undersigned notary tary public, personally appeared Kent Damon, proved to pe through satisfactory evidence of identification which were f i ver 11�e, to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily for its stated nurmose. STACEY R MONAWN itOommonweh M�as�oc�MM Iry 9=3"UmOr EXHIBIT H Original Adjacent Lot Deed (Inserted behind.) LTR -- Brown re 30 Kittredge Road -- 08-03-2012 ig R 2 1.7 Designer Hmm by Zachimy, Itw_ a co-porition duly established under the laws of the Statile of Mw MOVaidre and having . its usual place of business at 14 Omwili6 Poor klaistcw; Fockinow.Coufty., NOW HWW6hiXe P24 and M ,PARI MaMdaat= of VWW Elio &W$ t 392 000,W ants to David S. Wather ell and WleoR . 1. WW-rera, W jmbard aas Te nand Wife: nanto the M-tirStY Of DQIWYI.NW HOPWAVO- at QCC 1 with *dtdom the IaM with Om buildings then mt .situate in N=th Andavar, Easm 0" )USSadusetts, being. Shmn: as: lot 40h: on Plan :rte td -a. - Essek N=t'h Dis- trict Hle-gistrY Of DIX& as Plan M. 9731, said tot being I&catod on Icittred" Pima, and W aphid: Plan tefe.-ence may be had fcr a wcKe paaicular descriptim. SLibj—t to eivar_gents , cmemnts and; restri--tiorz of x and as shmm cn recorded plans. Being the sane Prmism cmmyW Co it try died of ZM&ArY ftalty OMporattan cUted evenly %th, to be rwor&d veit-ti: said Fbagixtry imadiately prior hereW, 21is transfer does —L repres>E+�t_ a --I or zubatant.Wly all of fibs assaU of this corporaticn. 1111 aqwoo: 34mat. domid Desiper ib -08 by Za&_rY' Inc. has Caused its M-porate mg to be heeto affixed and thew pmaft to be signed.. wknowldged grad &ihweg it its nam ad behalf by Zachary C. Alexmim its Pres. and 'Primas. hereto duly authorized, this 11 day of , April... ir Ow year one thw---md:n;n_l hoindred Vam. D Signed AW "Wed in Presence of ................ ....... ........ • C. Na .................. . ........ .......... .. .. . .................... kla= SS. April U 19 es Tb. -r personally appeared the above :named zadlaxy C. 'AjWWI;4m -And acknowle4ged fl)e foregoing instriment to be th I C See Kt d theDaimigr1w by Zact"ry, . Inc before ine Z APR2 0 P at IP:'A'PPr ARM, �46 WN Uk