HomeMy WebLinkAbout1982-08-04 Legal Correspondence DEF SUB Lot 39 .r - f DALTON &FINEGOLD, LLP C [_2 ATTORNEYS AT LAW h Ig¢G yq � August 3, 2012 Flo t'"f9/tipDOVE R Gerald A. Brown, Inspector of Buildings ANNG PAf t/l farm„ a . Town of North Andover 1600 Osgood Street, Building 20, 2-36 North Andover, MA 01845 Re: 25 Kittredge Road --Lawfully Nonconforming Lot MGL e. 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 4T 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 "Re istr ") 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 EmBIT 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/(078)269-6400 f:,cst,nilc: (9EW19VAn re 30 Kittredge Road--08-03-2012 s.,vw.d I71 p,cun, i 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 alk/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 11, 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 11, 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 ExI-IIBIT 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 I III. ZONING APPLICABLE TO THE LOT Based on the Town's Zoning Map, available online through the Town's website at http://www.townofnoithandover.com/Pages/FV1-00024FFI/S00B5FC3A-00B5FF01.0/ nazonin ma ,gif, the Lot is currently located within the Residential 1 ("R=1") zoning district. According to the Zoning Bylaw, last amended on July 10, 2006, available online through the Town's website at http://www.townofnorthandover.comipages/NAndoverMA ZBA/ zonin bg_ylaw.pddf(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. (ld.) 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, jl LTR--Brown re 30 Kittredge Road--08-03-2012 r' 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 A ears of Stou hton, 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. § T2 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.)t 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. Sin z ly.. --------------- Jared Eigerman, E q. t r� 1 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 M1SC 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 1 ' l Gerald A. Brown, Inspector of Buildings August 3, 2012 Page 6 List of Exhibits EXHIBIT A— 1984 Plan EXHIBIT 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 ExH1BIT 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 1 P EXHIBIT A 1984 Plan (Inserted behind.) LTR Brown re 30 Kittredge Road 08-03-2012 ��� FOA rEO191Ar iHL OhlY \\h\ �/I�IrSV Fti4F1.1'Nl FTOM MIfTPIDff Tiff IOMl OF rAAr�S W THE E q�r�rEN MRr d9RN q1 i� YW�Rr.M. �+� '��"da/ 1xwa.caiY ly7S I:.lI. j I HfAEISi clA ffnIFT '. mm arAl mrr«en Tons ID!41 RUZS AIO A¢R[AmT9 OF IDCnT PoaEII�R i M HOITM CF O4➢S OF '.. MASSOOIR.E m I30Hni ANOw PIhRNBO Ml9 PIAN O S NOT AMWU Tiff APPH0V14 P NO.TM NOOWI R Aw No WT WA LOr 4F 97Awan. N!F zttYay�� a .nE AO vOOMEk%W IS wr A OETERMRAr AS TOO Hloi lA y WN 20NIiY3 PFfANArgNs. rl@9E IOf9 Al OMRRW W A OW 9lBMlfiEO W The RANNW68[Nfl0 MEV EW l] NWTL T_ OF THE REIf/SE OFM 00.TMA4T. NOSE:iOWIS!Df4TRICT N-i. �nsl' �M10E vmrt EaeorEMr z+m'.,''. sO., .Y" acdee-•�.._.�-.-...._.e'�v`e `�_ ways wM Brw�� 1���•P"" Wt 15 4i. .IL. if_RR Km o3 WaD ntwtnru �, r-aRwrae.Irn WN[ In F.�pai'N hFbOVpi.MA9S. s �L N >•w _mow �.� sHMMO A CKQ43E IN gar LINES FOI+.i/CrurrT PF iY Inr 31A ! OMoler ��O P:MR�fb.Msr'm rAf aSA -.�rOT s9A � Inr a3A \ tO�htt$ f Om�llnk RIF CmHiWm pp ellq�n fb �t� \ tll ,MOMn�IMn ��` Ire tnc. Q 4Q 80 l� IkOFi. r E EXHIBIT B 19$1 Master Deed (Inserted behind.) LTR--Brown re 30 Kittredge Road--08-03-2012 • k. .. ^'T. K.....+,�'St,^str+rid—,.bir•�..,.,. � ., � ',, 1; tdwina Kittredger 35 :} of Osborn Memorial Nome, Sfl Theodora Fre'ud Avenues Nye,'Coutity�MaNi Of Veatchestav, State of Rev York, a dting Knmanial,(of canside"On paf�I,VMMChk in the amount of Mee ![undred.Thousand'Dollars- ' 0300,000.00' rant to-Za ha ROalt a• ;� .� 9 FY Y Corporation', a Haeaachuaetts'carporation duly existing by and , - ;l under the laws of the Commonwealth of Maseachusettar its address being c/o phillipa, �� $ Shlnliarg 0 Cerateini p. C., 25 Kenoza Avenue', Haverhill, 'Bseex County,'Massachuepete Mrxx with wairmag editta"Is ' 4 + .. �' COM"P;toa and It 4-Y) u all of pry right, title, ownership,and interest in and to the land with the 'buildings thereon situate:in North Andover, EEaex County, Masaachueottaj bounded and desoribed t 0 e Beginning at a point ors the southerly iine o£'Dale, Street.at astone wall by lanA N ,` now or formerly of C; A. Applatoh, thence runniuq ndrtheasterly.on the southerly . -.Aine of Dale Street•544 feet to a point,'thende turtling'and running eastariy still by the southerly line of Dale 'street n two coura9s, ea i the first being 170,fee� and the second being 340 feet to a paint, thence again by the southerly line of Dale .4 street 20 toot.to land now or formerly'4f'the,Town of-North Andover; thence running o in a southwesterly direction 62 feet by:d stone wall by said land of the Torn of z North Andover, thence running southerly 270 feet by,a atone wall and by land of n the said Town of North Andover,.thpnce running again southerly 120 feet by a said atone wail and by land of the said Town-of North Andover to a paint, thence running easterly In-two eoursea,by a atone aw411 and said land of the Tor.•,i of North Andover i w w 330-Eeat and 103 feet to a point at other land new or formerly of the said Town of a� North Andover,' thenao'in a southeasterly direction by a wall and land now or for- merly ra w af.the Town of North Andover.1,330 feet to a stone wall at'land of T. Johnson, �,o xso thence northwesterly by A wall end by.aaid Johnson land 2,384 feet to another wall , and land`naw or formerly of C. A. Appleton, thence northeasterly and northerly in three courses by said land of Appleton and by a atone-wall and gate therein•310, o 110, and A30 feet to the point begun at. k &', Being the praenieea ahaxn on a "Flan of Land Belonging to Joseph.Kittredge, Marble- ridge, North Andover, Massachusetts. Scale 100 ft. r 1" 1910" as raporded in the r' r A. Essex North District ltegietky of Deeds as Plan•Number.55. °f 'I h6aning and•intandinq to convey all the remises �a described iti a deed to me from Alice Nhitwham, dated September 30, 1940, and recorded.with'the acid ltegi6try . U•at Dock 716, Page �iS. ss ALSO being known and described an land wiFh buildinga thereon situated at Dale - Street containing 48.4 scree. Polk 716-427. bounded on the North by Dale streets S Ed 4. a gileen C.' xelcht Town of North Andover, south by Mitchell Johnson, 4 g. East",Y.Town of North Andover; Vdward J. A Eileen C. Welch, Best by Jambe 0. w# TISnona! Wle J. a'Antoinette Giaidj this description being sham on Certificate .a of Municipal Liana► to be resordsA ai part of thA4 Conveyance. ' ��rl"�r:.[:}'•i,+.,!.� }.. .•rt .• LAC Y5:_..� i moss,'•'-9�'•''�'t I�' -i� F •. 3G r, �a►,�'xittY a �'#' . .. . . 'AR 1543 •d9 a �y�wf seid gtu►tor, � ,4 the alft seteue to Ltd gtentee all rtgbb of dower by AM And other int+emte ffiewn. „ j.W f )�. (. M♦�y' y. n Y i. .. ', $ �Yt � 1i5111NHH11.1.11><IR1 Ana, lot 't�1�.11�01�♦�«I u«11.41 Of.... Witnessi •� AT,T�.Mu11H11./4vp.uu..gp114.r .W}n�e{l�o. ...«I.. r«.f.H.«.«««.«.« � � .. - • I' ..................a..«...............««.«I...........f•....I! ...«Ill.II..1.1...............«H...«..1«s«I«{I«I..«f«I...n«««111 'jsJfjQ • ' 11111........a.......IHIN...1.................«1.1 Ht««« .««I.Hf1I.111.L � . YI...1««.1111..11...«.........«.I...ry..H.111..Nr1.«I.NfIM««..H..a«y STATE OF RM VORK i cuum or ussmtxsTER ft &Lobar 46,. �9 81 Thm perrooslly ippmed the Above named Edwina kittewage 1 W MUM 04dd the foregoing instrument to be hor et#'nd deed,bcfor llottry Tlblie-��gkapp�tht�y.pa� Recorded Oot.30tjg8Z at 2t4OPM #11832 Mr ocmafuloa e�pt�a..,w 4!a.:'eRw3'o t9 �:. e } wR�IihMp uNdMO Ww�a 'y •' .1 i E EmBIT C Original Lot Deed (Inserted behind.) LTR--Brown re 30 Kittredge Road--08-03-2012 892577 24dttary r4aty O=PotratiE:h, Co*W&t'Cn 44y azvardmd aid eAsting bY br, of Haverhill, RKWU County.l+mpchu m 6a coruidetation of the sum of Two Hid Thirty Th9kMand Do-114M (523t1;000.00) hem s to Alert P.'Xanroda and Elizabeth Al. Xor:ei x' e'ea OA M. wi , � joint t tatt with the rights of-'sul-At orsh* } of one D vmshire Plum, iwton, !fie wilb qtiRtddtW a®bl"rtlrs :S the Lund In Borth And"ro ,Z$9" CCMty, $fa"KhtAset", ? t being sboGm as Lot M. 39A On optian of T#ittd r n W h Andover�Shwing a f])etitM { in Lot nines" dated How.erbor 8, 19B4 drown bti Rridovar. tR>ct9ulteuits, Inc, ant! remrdecl with Essex Worth District Registry of boo& act Plan No 9731s to which plan refetence rr.V bQ had for A mare prtieuiar race-idrtitxs. Svbject to and with Care bWwfit of e.18(n- ets, cWditions, rr,Atrj,trAMS, 4nd o ommots of record, insofar-as the sarrob ore in force artd a�PlicOble. Being a leortim of Pp mises =tVfj eA to it by dood of E&ina£ Kittm4qu ddted ,r octcl*r 2$, 2!)gX an3 :coordeed with said. ,Astxy at Bor* 1543, Pao 35 at mod• is fiifs txxt,cyanae does n:t in and of itself oassstituto a ocnwyanov of all; or guhstanti,4 y h1l, of the Wsetes of the cJrarlt: N eoxar0rati0n- 3S Wn-,;MSS k&i `, the aaicd xadhaxy Realty Corporation has caused thane Presents to be ema earted and its cordate seal to he hereto oiffbod by 2aChW C. AIOX#Aiean, its pzesi&_At, hex+eto duly authorimd, this 74th 4W of d Au.:Amt, 1987. rt' 7AtlPdi1{ RlF2Ct"l EJtlRk'AI�IKi'XQN N;'}'r• . + � S tiffs ff;0m="WWfh of ste$t1+rBiat�� vasex, At 24 87 Tbzm.IP—.ut eppmm.d tba_stow nmm4 2achvy C. Aiexdnian# PMidont of 2ar. testy W being cgy authorized heratint:o, WA Q*Ouce0*4 a to#$A B P 401 and 9 it MY 7'�l Reoaado.q *.96.i987 of 2.564 #27555 EXHIBIT D July 1999 Lot Deed (Inserted behind) LTR--Brown re 30 Kittredge Road--08-03-2012 MASSACHUSETTS FORECLOSURE DEED BY CORPORATION Citicorp Mortgage,Inc. BK 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 U the mortgagee named in a mortgage � I from Alan P.Xenakis and Elizabeth Mae Xenakis H o to Citicorp Mortgage,I no. b dated September 2, 1988 and recorded with the Essex County (Northern District) Registry E 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 6096, a Page 306 by the power conferred by said mortgage and a> every other power for SEVEN HUNDRED SIXTY-SIX THOUSAND SIXTY-SIX AND 67/100 x ($766,066.67)DOLLARS T- paid, grants to Citicorp Mortgage, Inc. of P.O. Box 790014, Ballwin, MO 63011, the premises conveyed by said mortgage. M a .o NWITNESS the execution and the corporate seal of said corporation this day of June,1999. Citicorp Mo Irt.. By. JUL 8'99 AH30:43 o �' E CH V1d F'1+4 a, IL The State of Missouri ,SS. June 7 , 1999 Then personally appeared the above named SCOTT A.FRENCH VIC!ME& go of Citicorp Mortgage,Inc.and acknowledged the again instri,ttte to be the free act and deed of Citicorp Mortgage,Inc., before me, ,Notary Public My Commission expi*es: Nctary p t Willia Stale of Miss mat CHAPTER 1t3?SEC.B AS AMENDER BY CHAPTER M S/OF 4959 Jefferson Cou�n(yy y COmmisslon Exp.U13127/200i Every deed presented for 5ucid shalt vontafn or have endorsed upon it the fur, ,me,residence and post office address of the grantee and a recital of the wr.owu of the PA a nsideraoon thereof In dollars or the nature of the other consideration therefor,if not delivered for a specific monatar, Bum. The full tum tfderation shag mean the total price for the rnnvayan,v without deduction for any liens or encumbrances assumed by the grantee o':tvnalntag thereon. All such endorsements and recitals shag be recorded as part of the deed. Failure to comply with this section shad not affect the validity of any deed. No register of deeds shad accept a deed far recording unless It Is in comptiance with the requirt-monts of this section. 0I- f+i til LLI Z W Z HARMON LAW O]I.ICES,P.C. LU tX' w P.O.Box 610389 c; Nl;;','7 ON tl(GHLANDS,NA 02461.0389 LE f.. _.. .-----T-- - - AFFIDAVIT BK 5490 PG 260 I, WILDA S. PRICE,ASIST.SE CY. of Citicorp Mortgage,Inc, make oath and say that the principal snd 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 April 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) 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 Mo ' e,I By: . WILDA S.PRICE,ARPT, q�CY The State of Missouri SST. LOWS ,ss. June 7 , 1999 Signed and sworn to by the saidH ICE,ASST.SfCY. Of Citicorp Mortgage,Inc,, before me, (?4k Y y t.GGca Notary Public My Commission expires:_ Noag�.�t Wile+foot State of Missouri Jefferson Cou�n�ttyy My COMMIS5lon€P.vs/27001 MAR MION LAW OFFICES p,C, NEWTON HIGUIIANDS.RA 02481•0389 y i • f.x h t u,��: A 540740 PG RE6; LEOAI,NOTICE NOTICE OF M10RTOAOEE,8 SALE OF PEAL ESTATE By vlrara andin oxea,Mon of the Powar 01 Saie Ocnlahod In a certain raatgago Own by Alan ` P.Yferrafcls and ENtabatfr Mao Xonakla h Cis• oorP l forfgago, -,dated SWgmbsr 2,tggg rand reoordad WAh fhe f seex County{f4orflre,n 1Asbidy geyts*y p1 Deeds at Book 2tb3,page 87 ea AAodod by a arntirnraloryra- wdO6*fth e0kt Deeds at Beck 2531,page 302 at sffedad by e reo0rded%fth Bald rear�sg`acm°nt of vvhtoh root 5096,page Is Mrs pmaenl 7rd of �. Mans o!sard MoNgage end fir Mle pwPcae of W,the"A'ewWbeaoklatPublicAuo- tion at 3.1A0 Rat on tafay 26.1999,on the Moo I_ u4c IwobAft�tod at 25 Iowodga Road edge RgacR hbrAv Arxlaver,l;seox �.maseachusotte, PA and*War dr1e Premises daaptyad In said rrrortgage 70 wpy., Saing 110"as Lot Na 39A-"plan of Lend L1 No trial Si o"V a Change In lot N0w&nber a 1984 drawn by dm'wr Ccrruritarsle,inp,and rscprdad wfMr En sea NMh Dlsbtd RAA&by IN Plan No,9731 t b M*h Plan refererroe may be had ter a—11 PMO Mor dexxWm. to and w1Mr Mro benam d ea6B y owddons,restrfctlons,and mva wb a re- ODfA Eby es the same ale In low.arrd , Befrrp a Penton of Promises aarveycd 1,it by deed Of EdNiAa KlNradgo Baled October ke 1981 and Mordod wkh said floosuy al Sao1a 11143.Page 35 of eaq. For rneopoci .age 499 dead raroordad NMh Essen County{Northern 0,*M)pa oy of beads In Book 077,Page 341. these prendeas vw11 he sokf and coaa'epod s Jed b and wNr the benom ub a aN 112fo,rlgthte a wort.rasalcg".easements oe naratnW,Nees a afalatr Inthe r�tu a of hens,krprcvonwrrte PubNc +><R ery and AN raareld fares,tar MMea;fart Mena,"or and ae 1 A&H arm A^1 "kklpnl aeaee4rnanle or Nerrs q vx- rrbranoos ofkwm and am ronprd wfNCfs a e kr f ski aqt wtwthar a[hot r ty aer (such reetrkkrw, easemsvhts, kmrwamarra wm cr er"n*Aarkoa Is made fa the docd. TER"OF SALE: Dk d S'Ml Five Thowssnd($o5,000.60) r,by cartlflad a barhk drod*WA ba re- a14ed to be poky by the pardrasor ai tfre time pw4e d sa1a.The Dafarrcg la be bald1H e V,9dor bank clreck ai ifarm10 Low out t P,C.,150 Cadorrda Street,Hrmn MaaaadrF Batts 62458,w by avaN io P.D,flex olom, No"I Hf hrgnds. ►Aaesachueatte data V2461-0889,wwm thkfy the (30)daya hm of sale.Dead wyi be MOM lo McI ea. 0 Oa"Price.yt- the C+enfeea confeAmd In"td MWIgage ehaM oorrbd h s ha avgr$of an orrw in Otis PubAcadnn. Other tarns,N enY to be announced sl tire uak. '.� clrrc011P Moflr(iA01?,INC. Presunt holder DI said mortgage I HARM01xt LAW MICEA p�' } , vero*a C.vivalros.Est:etre' 150 CavIcnrta'%om N9wia;MA 024" LADa36213 (©1 `✓�81 Aha1c'.wr CPo:an,A.a,55,S/12r9g 1 t , EXHIBIT L August 1999 Lot Deed (Inserted behind.) LTR--Brown re.30 Kittredge Road -08-03-2012 6172442953 ` J Q 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 J for consideration paid, and in full consideration of SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS (S700,000.00) grants to WIL LIAM WILLIAMS, 11, TRUSTEE OF THE BERLIN REALTY TRUST, u/d/t dated August 30, 1999 and recorded prior hereto with qultclahn covenants the following described premises: Being shown as Lot No. 39A on "Plan of Land in North Andover Showing a Change in Lot Lints" dated November 9, 1984 drawn by Andover Consultants, Inc„and recorded with Essex North District Registry of Deeds as Plan No. 9731; to which flan reference may be had for CA a more particular description. Subject to and with the benefit of easements, conditions, restrictions and covenants of record, to insofar as the same are in force and applicable. 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. This conveyance does not constitute a transfer of all or substantially an of the corporate assets of Citicorp Mortgage, Inc. In Massachusetts. Wltncss tho execution and the corporate seal of said corporation this day of August, 1999. CITICORP MORTGAGE. INC. B D S`P I W Ptt2:47 Rset.VlcolMAld�tt t j STATE OF MISSOURI St. Louis, Augusta ; 1999 f+ Then personally appeared the above-named JMI WOW" as aforesaid, rand acknowledged the foregoing instrument to be the free act and deed of Citicorp Mortgage, hie, bo orc me. ` 'r No Public � I'Fst b.i,iis My Commission EXpires: Notery Pvba -tdotory SWI State of Missouri doftarson County My commission Ev.06W001 T. C Nd E .1 ft z 7 M REC€-t:rt, f NE AUG.27. 1�34PM PRINT TMME AUG.27. 1:35PM TOTAL- P.02 EXHIBIT r 2001 Lot Deed (Inserted behind.) I TR--Brown re 30 Kidredge Road--08-03-2M f / I,n QUITCLAIM DEE WILLIAM WILLIAMS II, TRUSTEE of the BERLIN REALTY TRUST u/d/t dated 0 August 30, 1999 and recorded with Essex North Registry of Deeds, Book 5542, Page for consideration paid of less than One Hundred ($100.00)Dollars and in accordance with Essex Probate and Family Court Docket No. 01D1941, hereby grants to Celeste K. Wetherell, individually, of 30 Kittredge Road,North Andover,MA 01845 with QUITCLAIM COVENANTS cd' the following described premises: 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 Qj 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. 3. 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 25101 Am10:03 Witness my hand and seal this IRS'day of October, 2001,no Massachusetts deed excise tax stamps being affixed hereto since none are required by law. CBerlin Realty Trust u/d/t August 30, 1999 41 By. 4L � William Williams 11 rust not individually COMMONWEALTH OF MASSACHUSETTS SL , ss. October , 2001 1 Then personally appeared the above-named William Williams 11, 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: B EXHIBIT G 2011 Lot and Adjacent Lot Deed (Inserted behind.) LTR--Brown re 30 Ksgredge Road 08-03-2012 Elk a 03.2 45�1 MASSACHUSETTS STATE EXCISE Tax Essex North Registry Date! 10-28-2011 i 43:49p# Ctl:: 285 DtKf: 23972 Feel t6444.80 Cons= t1i33490M.0 Quitclaim Deed Z, 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 no/100 Dollars ($1,330,000A0)Paid QGrant to Timothy M. Maynard and Denise Maynard, husband and wife as tenants by the entirety, of 60 Leanne Drive, North Andover, Essex County, Massachusetts, With Quitclaim Covenants ,The land with the buildings thereon situate in North Andover, Essex County, o Massachusetts, known and numbered as 30 Kittredge Road, being shown as aZ Lot No. 40A on "Plan of Land in North Andover Showing a Change in Lot Lines" dated November 9, 1984 drawn by Andover Consultants, Inc,, and w recorded with Essex North Registry of Deeds as Plan No. 9731; to which Oa 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 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. 973 l; to which Plan reference may be had for a more particular description, M 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. I i Bk 12675 Pg8 #25972 l Witness my hand and seal this fday of October,2011. • �.i,+ft�,J Celeste K. n Commonwealth of Massachusetts F—S {county}, ss October 2011 On this 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 (5 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. Notary Aublic My Commiss o Expires: y WACEY M.MORAHAN N00Y KM Carr�xxwrec�of NM�avd W or 2 o Loo 1 Bk 12675 Pg9 #25972 i- Witness m hand and seal this y`dy of Y � y October,2011. Kent Damon Commonwealth of Massachusetts (county), ss October�2011 On this Aay of October, f y �j 2011 before me the undersigned notary public,personally appeared Kent Damon, proved toe through satisfactory evidence of identification which were Nef t to be the person whose name is signed on the preceding document, and acknowledged to me that he signed it voluntarily For its stated purpose. N Public- My Commissi Expires: STACEY K MONAD AN Notayk CWVrorM�eoAih of M00whaft P EXHIBIT H Original Adjacent Lot Deed (Inserted behind,) LTR--Brown re 30 Kittredge Road--08-03-2012 1 , ' RA 2173 ? Dwigner ltOtnaaa by &edgy, kc. �._..__..... ...�_ . _�_.... .rB:D as Coa'¢LYRtic" duly adtaK%4d under the laws of tha Stste of Row klO11 shire And beving its usual Owe of 52us0s at 14 DhnVa11* Ps*d; P.laiistcsvra .6toeJcitx�ta�i. Cj•,, waw Eeiie for—ideratEoR paid.and in IOU.conweratw o& ' WDa— nanrod NI Y"'Qos: id q�3�1,400.001 Dollars g"Is to David B. ak4 pia*te K. Woweli, tdaa40M and Wife;' as T40anto �+ the C�tirety of ,:ice ,,P44..&jc V`Aradb� 01a:d, Ncr•+i.A4 dvvk AA iA (DwPaia ad erx mim--e,rr air) . # a i a i the laW with th* buildings ttetwn.situate in 1pr� Ilydoyar, p.-O(m sty, t at dxs�et t>:, bai"t ahms:•ate Utt 40h�on Is2an x600rclod t#fth.i s ►Isis i trl4't Ragia;try of Owls as l*lasa•w'o: 9731, asaid tot•hebv �*AWd an 1tit:tx >obd, and to whidl-Plan i6fi erm ftey to had fcr a o ;a)ur dessaripiu m. :kZjmt to era-mmmtss, cmonants aeu,.o restxi_jtiuns of rvmid aptd as scfsosm car ' reapr,ded playas. �G'Ag the &wePrMIWs a3o"W'M to it W Owd of Zaatary A503ty Wrporation akocl evaraly tbez tti8as t ! tarozdsd vrit?a i R16 "Jo xy i*s dj&thly prior 3> � i This transfer does not repm�4, an or zubstari:iaally all of the of � this aaa poration. U fit mftwfia- 46e0put. a wsald Derigassr MAWS b�/ zachnry, xw, h"causal ml to be 6eoreto&faced and ttaaase gresmts to be signed,arPctaowlz�lga d ans$dtlivcrati' � ir,its aaaue ataad behalf by Zachary C. Ilea udm Fla wd ems. hereto duly amtfoCriael, this l3 day of. 31.. In flee year one thowmd asitre laundre4:atttd. �i�t�ix . . r Signed earl$wed In presence of :�.R br ..............................•.................... ks re W April 11 g9 ®S i i Tb-n ,personally a ppeatea4 the above named zaacht y C. 3llp l,a n -mid ackswwledged tlsa foregoing 1nstrammt-to he llteiseeact � ! 'Lascuk tsE tfise li >ax ' ''by ]'' ln" before tm r czQiras. _..........__.,,._sp RuCEtrflP.ti 143TP,'r�yl 3f7 Rt �'T:�$rl 7Aw3q '"" x ^�. T,,-}n.-ti-a,.,.__.. •. ,__-,.:.r..s...x�-R,cisv��.•�.c}�.r,.-;•l•^.,;ti7:ir'.T,�?Y:'.+7c.'K�:.r.rt,:�!r.5...v.+as.,... r»�.n.-.K-- , ' .ter.-aas:. .-<.--ss:c-• -,...._._.�_...._ --- -. Enright, Jean From: Tymon, Judy Sent: Tuesday, March 27, 2012 11:49 AM To: 'Jenn Roberts' Cc: Enright, Jean Subject: RE: Request of Release of Covenants, 30 Kitteredge Rd, N Andover Jenn, We have provided all of the documents that we have in the file for covenant releases for this property. If you would like to have a FORM J executed, it does have to be signed by a Land surveyor and it has to come before the Planning Board for a vote on April 3. Let me know if you have any other questions. Judy Tymon From: Jenn Roberts [mailto:JRobertsCa)weclosetheloan.com] Sent: Thursday, March 22, 2012 1:12 PM To: Tymon, Judy Subject: Request of Release of Covenants, 30 Kitteredge Rd, N Andover Hello, The current owners of the above property have retained our office to represent them in the sale of their home. Our We found the attached Declaration of Restrictive Covenants online. I see there are many partial releases recorded for other lots but we were not able to locate a release for our lot 40A,The deed for our property is recorded with the Essex North Registry of Deeds in Book 1.2675 Page 6, Our Lot will require a Release for this before the sale of the property. Can you please prepare one and send it to me for recording. Please let me know if do you require anything from me. Thank you in advance for your assistance Jennifer Roberts SKM Title&Closing Set-vices PC 619 Washington Street South Easton, MA 02035 (P)774-250-1820 (l+)774-250-1821 We close the too n. r ttvit''f 5,FCC, t ,: i Please note the Mass�rchusetts Secretary of Slate's office has determined�c'^➢m�.m. ,�,....,.�...,�., _Ch-,.m that rr�osf smalls to and from municr al offices and officials are public records.For more information pleas e refer to:htto;llw�vw.sec.state.rna.uslgrelpre�dx.htrn. Please consider the environment before printincd this email 1 Enright, Jean nuoi®mnninm�uuu From: Jenn Roberts [JRoberts@weclosetheloan.com] Sent: Friday, March 23, 2012 2:35 PM To: Enright, Jean Subject: RE: Request of Release of Covenants, 30 Kittredge Rd, N Andover Thank you, None of these actually release the covenant recorded in book 1654 Page 142. So I will fill out the Fornt J. and stab€nit it Thanks again Jennifer R.obefts SKM Title&Closing Services PC 619 Washington Street Sa€cth Eastfln, MA 02035 (P) 774-250-1820 (F)774-250-1821 ...,SKMWe close the loan. SK,I MCC UOSING 58'AVlCfiS'Pf. From: Enright, Jean rmailto:'enri ht townofnorthandover.com Sent: Thursday, March 22, 2012 3:52 PM To; Jenn Roberts Subject: FW: Request:of Release of Covenants, 30 Kittredge Rd, N Andover Hi Jennifer, i found the attached documents in our Bear Hill file regarding the Lot Release for Lot 40. 1 hope these are of help to you. Jean From: Tymon, Judy Sent: Thursday, March 22, 2012 2:44 PM To: Enright, Jean Subject: FW: Request of Release of Covenants, 30 Kittredge Rd, N Andover Jean, Could you look into the file for Bear Hill to see if there are any recorded lot releases for 30 Kittredge Road, lot 40A? thanks. I will respond to her email, Judy From: Jenn Roberts fmailto:]Roberts@weclosetheloan.coml Sent: Thursday, March 22, 2012 1.:1.2 PM To: Tymon, Judy Subject: Request of Release of Covenants, 30 Kitteredge Rd, N Andover 1 f pP i i I Hello, The current owners of the above property have retained our office to represent them in the sale of their home, Our We found the attached Declaration of Restrictive Covenants online. I see there are many partial releases recorded for other lots but we were not able to locate a release for our lot 40A.The deed for our property is recorded with the Essex North Registry of Deeds in Book 12675 Page 6. Our Lot will require a Release for this before the sale of the property. Can you please prepare one and send it to me for recording. Please let me know if do you require anything from me. Thank you in advance for your assistance Jennifer Roberts SKM Title&Closing Set-vices PC 619 W ishingtoti Strcet South Easton, MA 02035 (P) 774-250-1820 (r) 774-250-1821 .S KM We close the loan. Please note the Massachusetts Secretary of StaVs office has determined that most ernails to and from municipal offices and officials are public records.For more information please refer to:http:llwww.ssecstate.ma.uslprelpreldx.htm. Please consider the environment before printing this email. 2 E € r ' Enright, Jean �� Illllllllll From: Jenn Roberts (JRoberts@weclosetheloan.com] Sent: Tuesday, March 27, 2012 10:21 AM To: Enright, Jean Subject: RE: Request of Release of Covenants, 30 Kittredge Rd, N Andover Good morning I have had these documents reviewed and they do not release the Covenant recorded in Book 1654 Page 142, If you could please look through your records and see if maybe they were meant to be released but where never recorded, that would be great. I would hate to have the sellers have to hire and pay for a surveyor to come out on something that was already cleared up . "I`hank you for all your help with this issue Jennifer Roberts SIGM Title&Closing Services PC 619 Washington Street South Easton, MA 02035 (P)774-250-1820 (F)774-250-1821 %M We close the loan. i From: Enright, Jean [mai Ito:jenright(&townofnorthandover.coml Seat: Thursday, March 22, 2012 3:52 PM To: Jenn Roberts Subject: FW: Request of Release of Covenants, 30 Kittredge Rd, N Andover Hi Jennifer, I found the attached documents in our Bear Hill file regarding the Lot Release for Lot 40. 1 hope these are of help to you. Jean From: Tymon, Judy Sent: Thursday, March 22, 2012 2:44 PM To: Enright, Jean Subject: FW: Request of Release of Covenants, 30 Kittredge Rd, N Andover Jean, Could you look into the file for Bear Hill to see if there are any recorded lot releases for 30 Kittredge Road, lot 40A? thanks. I will respond to her email. Judy i I I 1Frorri:Jenn Roberts [maiito,JRoberts@wec.losetheloan.com] Sent: Thursday, March 22, 2012 1:12 PM To: Tymon, Judy Subject: Request of Release of Covenants, 30 Kitteredge Rd, N Andover Hello, l The current owners of the above property have retained our office to represent them in the sale of their home. Our We found the attached Declaration of Restrictive Covenants online, I see there are many partial releases recorded for other lots but we were not able to locate a release for our lot 40A.The deed for our property is recorded with the Essex North Registry of Deeds in Book 12675 Page 6. Our Lot will require a Release for this before the sale of the property. Can you please prepare one and send it to me for recording. Please let me know if do you require anything from me. Thank you in advance for your assistance Jennifer Robert SKM Title &Closing Services PC 619 Washington Street South Easton, MA, 02035 (P)774-250-1820 (F) 774-250-1821 SKMWeclosethe(oan. SKld 7'I E't.8i gb E t, ;31NO$1:€2VI�ti;,PC Please Hole the Massachusetts Secretary R.� n._.. � - -- of State's office has determined that most emaRs to and from municipal offices and officials are public records.For more information please refer to:ht(t):l/www.sec.,state.ina,us/ore/proidx,htip. Please consider the environment laefore printing this email, i 2