TITLE CERTIFICATE-Tofino-Turkey Hill-Mineral Hills GreenwayCITY OF NORTHAMPTON, MASSACHUSEITS
OFFICE OF THE CITY SOLICITOR
CERTIFICATION OF TITLE
To: City of Northampton , having a principal place of business located at 210 Main
Street, Northampton, Ma. 01060 (Hereinafter"the City");
I have examined the title to the premises described in a Warranty dated June 4, 2008
and given by Tofino Associates, Inc. to the above-named City of Northampton, in the
records of the Hampshire County Registry of Deeds and of the Probate Court for the
County of Hampshire, and I have examined the title to the land, owned by Tofino
Associates and examined the Conservation Restriction dated March 4, 2008, and I
hereby certify that at the time I recorded said Warranty Deed,and said Conservation
Restriction the City of Northampton, thru its Conservation Commission hold(s) a clear
record and marketable title to the premises described in the Warranty Deed, free from
all encumbrances, excepting only matters which are expressly enumerated and/or
matters excepted by this Certification and further that the City of Northampton hold(s) a
valid restriction on the additional lot, owned by Tofino Associates, Inc. and encumbered
by this restriction excepting only matters which are expressly enumerated and/or
matters excepted by this Certification.
I certify that I have given the City of Northampton, this Certification of Title. As to the
City of Northampton ,my liability in connection with the rendering of this Certification is
limited to the amount of the consideration shown on the deed and the conservation
restriction. This Certification of Title is effective for the benefit of the City of
Northampton only as long as the City of Northampton has title to the premises or holds
the benefit of the restriction.
This Certification of Title expressly excludes any opinion as to the effect on the title of
the following listed exceptions:
1. Real estate taxes, betterments and other municipal assessments and sewer and
water use charges which are a lien against the property, but which are not
evidenced by instruments recorded with the aforesaid Registry of Deeds or filed
at said Registry District of the Land Court. A Municipal Lien Certificate
containing tax Information provided by the City of indicates that the real estate
tax bill due June 30,2008 has been paid.
210 Main Street, Northampton, MA 01060 ( 413 )585-5889 Email: JMShep@AOL.com
2. Any existing Federal or State Laws, Municipal Ordinances or By-Laws which may
affect the use and physical condition of the premises, including but not limited to
existing zoning and subdivision control laws and regulations, State Sanitary
Code, State Building Code, the so-called Lead Paint Law, the so-called Smoke
Detector Law, and the so-called Urea Formaldehyde Foam Insulation Law.
3. All applicable health, environmental and hazardous waste rules, regulations,
laws and ordinances of the municipality, state, and federal jurisdiction in which
the premises are located. Without limiting the foregoing, this Certification
specifically excludes any opinion as to the effect of any lien on the premises on
account of indebtedness to the Commonwealth of Massachusetts arising
pursuant to Massachusetts General Laws, chapter 21 E, the "Massachusetts Oil
and Hazardous Material Release Prevention Act".
4. Defects, liens, encumbrances, easements, adverse claims or other matters
affecting the title which either have not been recorded or filed with the aforesaid
Registry of Deeds or Registry of Probate or are not required to be so recorded or
filed to affect the title.
5. Any matter of record affecting the title which was placed on record prior to
December 27, 1934, which is the date that the search of title commenced.
6. Any state of facts or error of description which may be revealed by a personal
inspection or accurate survey of the premises.
7. Rights of tenants, lessees, occupants or other parties in possession.
8. Any opinion as to the physical condition of the premises.
9. There is a Schedule A attached to this Certification and incorporated herein
enumerating further exclusions .
. If checked, I also certify that I have placed an owner's title insurance policy in favor of
the City of Northampton, its successors in interest with First American Title Insurance
Company.
Date:G;fg I 0( J-coif
ard, Esq. City Solicitor, City of
NOTE: Search of title commenced with a source of title recorded at least 50 years prior to date, with the earliest
instrument being a warranty or quitclaim deed which on its face did not suggest a defect in said title. Date of
· Certification is the date on which deed was recorded in Registry of Deeds or filed with the Registry District of the
Land Court.
ATTORNEY: Janet M. Sheppard, Esq. City Solicitor, 210 Main Street, Northampton,
Ma.
Property Address:Turkey Hill Road, Northampton, Ma.
Assessors ID#: Tax Parcel ID #034-032-001
Deed Reference:Hampshire County Registry of Deeds, Book 9503,Page293.
Exhibit A
61.009 Acres of land in Northampton, Hampshire County, Massachusetts, shown as
Parcel 1 on the Plan entitled "Plan of Land in Northampton, Massachusetts, Prepared
for the City of Northampton" and recorded in the Hampshire Registry of Deeds in Plan
Book 218, Page 38.
Subject to an Easement to the City of Northampton, the grantee/Owner dated January
17 ,2007 and recorded in the Hampshire County Registry of Deeds at Book 9013
Page31;·
Subject to the easements and restrictions contained in deed to Totino Associates, Inc.
dated December 1, 1999 and Recorded in the Hampshire County Registry of Deeds at
Book 5842 Page 161;
Subject to the terms and conditions of the Option agreement dated July 30,.2007 and
recorded in the Hampshire County Registry of Deeds at Book 9503 Page 286.
Subject to the Agreement between the City of Northampton and the Commonwealth of
Massachusetts dated November ih, 2007 and recorded with the Hampshire County
Registry of Deeds at Book 9503 Page 296;
Subject to the Conservation Restriction and Easement dated March 4, 2008 and
recorded in the Hampshire County Registry of Deeds Book 9503 Page 298.