TITLE CERTIFICATE-Clapp-Mineral HIlls GreenwayCrlY OF NORTHAMPTON, MASSACHUSETTS
OFFICE OF THE CI1Y SOLICITOR
TO: Wayne Feiden ~
From: Janet M. Sheppard, Esq~'-.::~
Date: Sept 19,2006
Janet M. Sheppard, Esq.
City Solicitor
Re: Title of Property Assessor's Map 20, Parcel 2
I have reviewed the title report of your title examiner Marian Sargenski for the above-
described parcel. I confirm that the record title to this property is vested in John I Clapp
and Diana Boyle-Clapp as tenants by the entirety as of Aug 31, 2006 at 11 :OOam.
The property is subject to the following covenants and restrictions:
• Homestead of John I. Clapp dated December 2, 1999;
• Homestead of John I. Clapp dated June 15,2001;
.-A Recreational Land Tax Lien dated March 22,2002;
• An Agricultural or Horticultural Land Tax Lien dated March 22,2002;
• An outstanding equity line of credit to Florence Savings Bank as,Mo'?t:gagee
dated July 10,2002;
• An agreement to subordinate the equity credit line to a first mortgage;
• A first mortgage to Florence Saving Bank as Mortgagee dated May 12, 2003;
• Homestead of John I. Clapp dated May 15,2003
210 Main Street, Northampton, MA 01060 ( 413)585-5889 E mail: JMShep@AOL.com
CHESTERFIELD ROAD, NORTHAMPTON ASSESSOR'S MAP 20, PARCEL 2
CHRONOLOGICAL NARRATIVE
Sheet # 1 Assessor's Map depicting locus outlined in orange
Sheet # 2 The source of this abstract is a deed dated August 10, 1950 as recorded
in Book 1075 Page 483 running to Philip J. Clapp and Irving M. Clapp.
No tenancy is recited in this deed; therefore, the grantees hold title as
tenants in common, each holding an undivided one-half interest. This
deed describes to numerous parcels of land in the general area of locus
and abstractor has assumed locus to be herein. This assumption is based
on subsequent recorded surveys of locus on which title references to this
deed will be recited.
Sheet# 3 Recorded in Book 2194 Page 306 is an Agricultural or Horticultural Land
Tax Lien covering locus in part.
Sheet # 4 Recorded in Book 2489 Page 94 is a Recreational Land Tax Lien covering
locus in part.
Sheet# 5 Philip J. Clapp died on March 21, 2985, testate leaving his undivided one-
half interest to his wife, Eleanor W. Clapp.
Sheet# 6 A deed dated April 26, 1985 is recorded in Book 2568 Page 132 which
runs from Eleanor W. Clapp to Joan C. Sarafin and John Sarafin, as joint
tenants. This deed conveys Eleanor's undivided one-half interest and
describes to the same premises as in our source deed in Book 1075 Page
483.
Sheet # 7 Irving M. Clapp died on December 7, 1986, testate, leaving his undivided
one-half interest as follows: a 1/4 interest to his wife Ella J. Clapp and a
1/4 interest in TRUST for the benefit of his wife Ella during her lifetime,
and upon her death to his six children.
Title vests as follows at this point in time:
Joan C. Sarafin and John Sarafin jointly hold a 1/2 interest
Ella J. Clapp holds a 1/4 interest
Irving M. Clapp's testamentary trust holds a 1/4 interest for the benefit of
Ella during her lifetime and upon her death to terminate and dis-
tribute to his six children.
Sheet# 8 A notice of Petition for Partition is recorded in Book 3642 Page 105, which
' !
notice covers locus property along with numerous other parcels of land
lying in Northampton and Westhampton as described in our source deed.
Sheet# 9 A notice of Petition for Partition is recorded in Book 3644 Page 233, which
covers the same property as in our source deed.
Sheet # 10 Recorded in Plan Book 179 Page 69-70 is a plan of the Sarafin/Clapp pro-
perties as described in our source deed. Locus is outlined in orange on
this survey as being a portion of Lot 3 and 3C containing a total acreage
of 252.284 acres.
Sheet # 11 Recorded in Plan Book 183 Page 163 is a plan of a portion of the
Sarafin/Clapp property and depicts locus thereon as a portion of Lot 3C-2
containing 130.016 acres. Locus is outlined in orange thereon.
Sheet# 12 Recorded in Plan Book 183 Page 164 is a plan prepared for our present
owner and depicts locus as Lot 1 containing 65.008 acres as outlined in
orange thereon.
Sheet # 13 A copy of a Decree issued in the Estate of Irving M. Clapp is submitted,
which decree is dated February 24, 1998. This decree instructs John M.
Callahan, as Trustee, to terminate the trust and convey all the real estate
of the trust to the six children of Irving M. Clapp. Ella is a petitioner to
the petition to allow this decree.
Sheet# 14 A decision of the Northampton Planning Board affecting Map 20, Parcel 2
is recorded in Book 5368 Page 161.
Sheet# 15 A deed is recorded in Book 5454 Page 215 from the six children of Irving M.
Clapp to our present owners, which deed is dated June 30, 1998. The
grantors in this deed did not hold title, as title was still in the Trustee of
Irving M. Clapp's testamentary trust. The deed describes to locus 65.008
acre parcel of land.
Sheet# 16 A Judgment issued dated August 28, 1998 which affects locus. By this
Judgment, the Sarafins no longer hold a fee interest to the 130.016 acre
Parcel of land as depicted in Plan Book 183 Page 163 and transfers their
title to Ella J. Clapp and John M. Callahan as Trustee.
Title vests as follows at this point in time:
Ella J. Clapp holds title to her original 1/4 interest
John M. Callahan, as Trustee of Irving's testamentary trust, holds a 1/4
interest
Both Ella J. Clapp and John M. Callahan, as Trustee, hold Sarafin's
112 interest.
Sheet# 17 Recorded in Book 5480 Page 147 is a deed dated September 9, 1998 from
John M. Callahan, as trustee under the Will oflrving M. Clapp, by decree
of Probate Court to Irving's six children. This deed describes to numerous
parcels ofland including the 130.016 acre parcel ofland as shown on plan
recorded in Plan Book 183 Page 163 from which locus derives.
Sheet# 18 Recorded in Book 5480 Page 152 is a deed dated September 9, 1998 from
Ella J. Clapp to Irving's six children. This deed describes to numerous par-
cels ofland including the 130.016 acre parcel ofland as shown on plan in
Plan Book 183 Page 163 from which locus derives.
Sheet # 19 Recorded in Book 5480 Page 171 is a deed dated September 9, 1998 from
Irving's six children to our present owners. This deed bears a defective
acknowledgment as no one appeared before the notary, Thomas M.
Growhoski. No tenancy is recited and therefore the grantees hold title
as tenants in common, each with an undivided 112 interest. The deed
describes to locus 65.008 acre parcel.
Title vests as follows at this point in time:
John I. Clapp an undivided 1/2 interest and Diana Boyle-Clapp an undivided
112 interest.
(Abstractor is uncertain of any legal consequences as a result of the defective
acknowledgment and an attempt was made to find an Affidavit on record by
Attorney Growhoski which would clarify who appeared before him at the
time. No such Affidavit was found on record.)
Sheet# 20 A decision of the Northampton Planning Board which affects Map 20,
Parcel 2, is recorded in Book 5483 Page 328.
Sheet# 21 Recorded in Book 5594 Page 284 is a deed from our present owners to
Thomas M. Growhoski dated January 21, 1999 and describes to locus
65.008 acre parcel ofland.
Sheet# 22 Recorded in Book 5594 Page 286 (being the next document) is a deed
from Thomas M. Growhoski back to our present owners. The grantees
herein still take title as tenants in common, each holding an undivided
'l2 interest. This deed describes to locus 65.008 acre parcel.
Sheet # 23 Recorded in Book 5836 Page 252 is a deed from our present owners to
Thomas M. Growhoski dated November 23, 1999 and correctly describes to
locus as being Parcel I as shown on plan recorded in Plan Book 183 Page
164 and containing 65.008 acres. (The degree sign used within the text of
the description may be an incorrect symbol.)
Sheet# 24 Recorded in Book 5836 Page 254 (being the next document) is a deed
from Thomas M. Growhoski back to our present owners. Here John I.
Clapp and Diana Boyle-Clapp take title as tenants by the entirety. (They
continue to hold this joint tenancy to present.) This deed correctly describes
to locus as being Parcel 1 as shown on plan recorded in Plan Book 183
Page 164 and containing 65.008 acres. (The degree sign used within the text
of the description may be an incorrect symbol.)
Sheet# 25 John I. Clapp declares a homestead in Book 5844 Page 295.
Sheet# 26 John I. Clapp declares another homestead in Book 6521Page52.
Sheet # 27 A Recreational Land Tax Lien is recorded in Book 6588 Page 114. Locus
is affected.
Sheet# 28 An Agricultural or Horticultural Land Tax Lien is recorded in Book 6588
Page 115. Locus is affected.
Sheet# 29 An outstanding equity line of credit is recorded in Book 6712 Page 38,
which affects locus. Florence Savings Bank is the mortgagee.
Sheet # 30 A subordination agreement with Florence Savings Bank is recorded in
Book 7205 Page 17 affecting the priority of the above referenced equity
line of credit.
Sheet # 31 An outstanding mortgage is recorded in Book 7205 Page 18, which affects
Locus. Florence Savings Bank is the mortgagee.
Sheets # 32 John I. Clapp declares another homestead in Book 7205 Page 30.
Sheets #33 through #51 are grantor schedules.
This report ends on August 31, 2006 at 11 :00 A.M.