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05-028 120 River Road-FEMA Determination" Bk: 08606 Pg: 36 RETURN TO: Attorney John B. Howard i 4Market Street Northampton, MA 01060 6k: 8808Pg: 38 Page: i of 6 I Reoorded: 02/01/2006 01:19 PM AFFIDAVIT UNDER M.G.L. CHAPTER 183 SECTION 5B PROPERTY ADDRESS: 120 River Roan (also known as 118 River Road), Leeds (Northampton), Massachusetts RECORD OWNER: Audubon Partners, LLP TITLE REFERENCE: Quitclaim Deed dated 19 September2003 recorded in Hampshire County Registry of Deeds in Book 7659, Page 167 We, GARSON R. FIELDS and ROBIN H. FIELDS, both of Leeds (Northampton), Hampshire County, Massachusetts, having personal knowledge ofthe facts herein stated, hereby state and affirm as follows: I . We are the partners of Audubon Partners; LLP, a Massachusetts limited liabilitypartnership with a principal office at 118 River Road in said Leeds ( "Audubon"). 2. Audubon is the owner of certain real estate in said Leeds known as 120 River Road, also known as 118 River Road (the "Property"), pursuant to the above - referenced deed. 3. The Property includes a certain commercial structure used by Berkshire Electric Cable Company, a Massachusetts business corporation (`Berkshire" }, in the operation of its business. 4. We also serve as the principal officers and the directors of Berkshire. 5. Attached hereto are true copies of the following documents which Audubon received from the Federal Emergency Management Agency (FEMA) in July of 2005: a. Letter from Doug Bellomo, P.E., Chief of the Hazard Identification Section of the Mitigation Division of the Emergency Preparedness and Response Directorate of FEMA, and b. FEMA's "Letter of Map Amendment Determination Document (Removal)." 6. As the attached documents indicate, FEMA has determined that the structure situated onthe Property, and used by Berkshire in the operation of its business, is not located in a Special Flood Hazard Area. MARGINAL REFERENCE: BOOK 7659 PAGE 167 i Bk: 08606 Pg: 37 Signed under the pains and penalties of perjury this d da of Ja nary, 2006. W / r ,P �:.� ., R. Fields COMMONWEALTH OF MASSACHUSETTS COUNTY OF HAMPSHIRE e , rr ru'�t On this day ofJwAw,, 2006, before me, the undersigned notary public, personally appeared Garson R. Fields and Robin H. Fields, proved to me through satisfactory evidence of identification, which was my examination of a picture 1D containing the signatory's signature and issued by a state or the federal government or my personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it freely and voluntarily for its stated. purpose. � -z- - AJN N * _ John B. How ar Public * -.• ti 0 �� ; My commission expires: 16 June 2011 - ' r �b °, ?Aar • ��`�� CERTIFICATE I, JOHN B. HOWARD, hereby certify that I am an attorney at law with offices at 4 Market Street, Northampton, 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 a e�' tance in clarifying the chain of title thereto_ ' i J � ati YAUrk F - Feder- al Emergency-Management Ag ency_­_ Nn 5 i W ashington, D.C. 20472 Bk: 08606 Pg: 38 I July 1, 2005 MR. GARSON R FIELDS CA SE NO.: 05-01-0299A . __ ... O A COMMUNITY: CITY OF NORTHAMPTON, HAMPSHIRE I AUDUBN PARTNERS, LLP COUNTY, MASSACHUSETTS + P.O. BOX 326 COMMUNITY NO.: 250167 - LEEDS, MA 01053 - - - -- DEAR MR. AND MS. FIELDS: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1- percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which - provide information regarding the subject property and LOMAs. Please see the List of Enclosures below to determine which documents are enclosed Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336 -2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304 -6439. Sincerely, Doug Bellomo, P.E., Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT (REMOVAL) cc: State /Commonwealth NFIP Coordinator Community Map Repository Region Page 1 of 2 Bk: 08606 Pg. 39 I -I 1Date: July 1, 2005 Case No • 05-01-0299A 0� Federal Emergency Management Age l ND Washington, D.C. 204 72 f, F rr -- S'� LOMA JUL 0 7 ZaPUS AP AMENDMENT - - DETERMINATION DOCUMENT (REMOVAL) COMMUNITY AND MAP PANEL- INFORMATION - - LEGAL PROPERTY DESCRIPTION - CITY OF NORTHAMPTON, HAMPSHIRE A parcel of land, as described in the Quitclaim Deed, recorded as Document COMMUNITY COUNTY, MASSACHUSETTS No. 2004 00001794, in Book 7659, Page W7, in the Office of the Register of COMMUNITY NO.: 250167 Deeds, Hampshire County, Massachusetts I NUMIBEk2501670001A AFFECTED NAME: CITYOFNORTHAMPTON, MAP PANEL HAMPSHIRE COUNTY, MASSACHUSETTS DATE: 413/1978 r FLOODING SOURCE: MILL RIVER APPROMMATE LATITUDE & LONGITUDE OF PROPERTY' 42358,.72.70F SOURCE OF LAT & LONG: PRECISION MAPPING STREETS 7.0 DATUM: NAD 83 DETERMINATION Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated bythe flood having a 9- percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) istare not located in the SFHA, an area inundated by the flood having a 1- percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336 -2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 223084 -6439. - - --tom - �—�-.� � Doug Bellomo, P.E., Chief Hazard Identification Section, Mitigation Division I Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1LOMA- SL01###0299 i I I OUTCOME 1% ANNUAL LOWEST LOWEST LOT BLOCK! SECTION SUBDIVISION STREET WHATIS REMOVED FLOOD CHANCE FLOOD ADJACENT GRADE LOT FROM THE ZONE ELEVATION ELEVATION ELEVATION (NGVD 29} (NGVD 29) (NGVD 29) 120 River Road Commercial Structure C 365-0-feet 366.8 feet Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated bythe flood having a 9- percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) istare not located in the SFHA, an area inundated by the flood having a 1- percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336 -2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 223084 -6439. - - --tom - �—�-.� � Doug Bellomo, P.E., Chief Hazard Identification Section, Mitigation Division I Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1LOMA- SL01###0299 i I I Bk: 08606 Pg: 40 ! Page 2 of 2 Date: Ju 1, 2005 IY Case No.: 0501 -0299A LOMA O E ?Aary�, i Zr x Federal Emergency Management Agency o �A Washington, D,C. 20472 "AD SE J4 LETTER OF MAP AMENDME DE- T- ERMI NAM 10 DOCUMENT -REM OVAL} ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) PORTIONS OF THE PROPERTY REMAIN IN THE SFHA (This Additional Consideration applies to the preceding 1 Property.) Portions of this property, but not the subject of the Determination /Comment document, may remain in the Special Flood Hazard Area. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State /Commonwealth, and local regulations for tloodplain management. This attachment provides additional Information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll.free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, 3601 Eisenhower Avenue, Suite 130, Alexandria, VA 22304 -6439. Doug 8e110mo, P.E., Chief Hazard Identification Section, Mitigation Division Emergency Preparedness and Response Directorate Version 1.3.3 1029299.1LOMA- SL01###0299