HomeMy WebLinkAbout2012-02-07 Planning Board Supplemental Materials (13) (Above for recording use only)
AFFIDAVIT OF JUDITH M. TXIVION
UNDER M.G.L. c. 183, 4 5B
26 DELUCIA WAX
NORTH ANDOVER,MASSACHUSETTS
FORM J LOT RELEASE recorded in Book 6989,Page 307
DECISION recorded in Book 6493,Page 263
PLAN recorded as Plan#14155.
I, Judith M. Tymon, Town Planner for the Town of North Andover, Massachusetts, having
professional knowledge and skill of the facts herein stated, under oath depose and say as follows:
1. I am the Town Planner for the Town 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 Majority of the Planning Board of the Town of North Andover
executed a Form J Lot Release releasing Lots 3, 4, and 5 on a plan entitled
"Definitive Subdivision Plan "Delucia Way" located in North Andover, 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 Engineers Land Surveyors, 160 Summer Street, Haverhill, MA 01830,
Date: March 9, 2001, Revised 5/29/01 recorded with said registry as Plan # 14155.
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, 2001 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 Planning Board dated November 6, 2001 and recorded with
said registry in Book 6493, Page 263 and a covenant recorded in Book 6493, Page
277.
5. This Affidavit shall be relied upon for the purpose of clarifying the status of title and
for the issuance of title insurance.
Signed this day of February, 2012 under the pains and penalties of perjury.
Judith M. Tymon
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. February , 2012
On this day of February, 2012, before me, the undersigned notary public,personally
appeared , 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 he signed it
voluntarily for its stated purpose.
Notary Public
My commission expires:
CERT LATE
I, Catherine Joan Flood, hereby certify that I 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 MASSACHUSETTS
Middlesex, ss February , 2011
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: