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HomeMy WebLinkAboutAffidavit - Delucia Way Y") ........... (Above,for recording use only) AFFIDAVIT OF JUDITH,M.TYMON UNDER M.G.L., RE*0 2,6 DELUCIA WAY NORTH ANDOVER9 MASSACHUSETTS FORM J LOT RELEASE recorded M' Book 6989,Page 3O7 DECISION recorded M' Book 6493,Page 263 PLAN recorded as Plan#14155o L Judith M. Tymon, To Planner for the Town of North over,Massachusetts,,having professional knowledge and skill of the facts herein stated,under oath depose and say as follows: 1. 1 am the Town Planner for the To of North Andover, Massachusetts and on February 7,2012, 1 was authorized by a Majority of the Planning Board of the Town of North Andover to execute this affidavit. 2. On July 23,2002, a Maj on lanm"ng Board of'the Town of'North,Andover executed a Fonn J Lot Release releasing Lots 3,4, and 5 on a,plan,entitled "Defini"t ivy,Subdivision Plan"Delucia Way"located M* North over,MA. Record Owner and Applicant:Right Now Realty Trust,P.O. Box 985,Kingston,N.H. and M.D.B. Realty Trust,415 Waverly Road,N.Andover,MA Christiansen& Sergi, Professional En 91 ineers Land Surveyors, 160 Summer Street, Haverhill,MA 01830, Date:March 9,20011,Revised 5/29/01 recorded with said registry as,Plan# 1415'5. Said Lot release is recorded with said registry in Book 6989�,Page 307'. 3. Through error and oversight,the,Form J Lot Release incorrectly referenced a deed from James T. Dufresne,Trustee of Right Now Realty Trust to Stephen M. Smolak, Trustee of S & S,Realty Trust dated September 4,20,01 and recorded with said registry in Book 6493,Page 300 rather than the decision and Covanant of'the Town of Andover Planning Board. 4. Form J Lot Release Form should have referenced Conditional Approvals in a decision of'the Town of Andover Plannffig Board dated November 6, 20101 and*recorded with 0, s 'r'd e stry in B,o�ok 6493�,Page 263 and a covenant recorded in al gi Book 6493,,Page 277. This Affidavit shall be relied upon for the purpose of clarifymg the status of title and for the issuance of it *insurance. Signed this day of February,2012 under the pains and penalties of perjury. fJ, ?7r+ 3A J dith M. Tyro n COMMONWEALTH OF MASSACH U S ETTS Essex, SS. February ,2012 On this day Qf F bruary,20 1 ,before me,the undersigned not public, ersonall appeared � �Y1V-1 -1G ,proved to me through satisfactory evidence of identification,which w s a valid driver's license,to be the person whose narne is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. JEAN P.ENR GHT Notary Public Commonweath of Massach my Iy col s iF}1issl , F Oefober b,2017 Notary Public r MY 'commission expires: ff CERTIFICATE I,Catherine Joan Flood,hereby certify that 1 am an attorney at law with offices at 549 Rogers Street,Lowell,Massachusetts,and that the facts stated in the foregoing affidavit are relevant to the title to the premises therein described and will be of benefit and assistance in clarifying the chain of title thereto. Catherine Joan Flood,Esq. COMMONWEALTH OF MAS S.ACHUSETTS Middlesex, ss February 32011 On this day of February, 2011, before me the undersigned notary public, personally appeared Catherine Joan Flood, proved to me through satisfactory evidence of identification, which was a valid driver's license to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose. Notary Public Commission Expires: