Title Certificate-Turkey Hill-MIneral Hills Greenway-2012CIT) OF NORTHAMPTON, MASSACHUSETTS
OFFICE OF THE CITY SOLICITOR
Elaine M. Reall, Esq.
City Solicitor
CERTIFICATE OF TITLE
PROPERTY: 364 Turkey Hill Road, Northampton, Massachusetts
SELLER: Jedoron Realty, Inc.
BUYER: City of Northampton through its Conservation Commission
DATE: February 13, 2012
It is hereby certified that at the time of the recording of this deed, the Seller holds
good, clear, marketable title of record free from all encumbrances which would
materially affect the title, excepting the following:
a) Wetlands Orders of Conditions dated January 27, 2001 and recorded in the
Hampshire County Registry of Deeds in Book 6298 and Page 212.
b) Wetlands Orders of Conditions dated June 27, 2001 and recorded in the
Hampshire County Registry of Deeds in Book 6728 and Page 89.
c) Wetlands Orders of Conditions dated June 13, 2003 and recorded in the
Hampshire County Registry of Deeds in Book 7907 and Page 168.
d) Wetlands Orders of Conditions dated June 24, 2006 and recorded in the
Hampshire County Registry of Deeds in Book 8589 and Page 345.
e) Decision of Planning Board dated March 24, 2006 and recorded in the Hampshire
County Registry of Deeds in Book 8681 and Page 303 regarding one flat lot and
one townhouse lot. See also Scrivener's Affidavit recorded in Hampshire County
Registry of Deeds in Book 9064 and Page 292.
20 Hampton Avenue, Suite 160
Northampton, MA 01060
(413) 584-0177 Email: AttyReall@Comcast.net
f) The terms and provisions of a common driveway maintenance agreement dated
March 17, 2007 and recorded in the Hampshire County Registry of Deeds in Book
9064 and Page 294.
g) Easement rights granted to Massachusetts Electric Company dated December 31,
2007 and recorded in the Hampshire County Registry of Deeds in Book 9371 and
Page 53.
h) See Conservation Restriction and Easement in favor of the City of Northampton
and the Town of Westhampton dated July 17, 2006 and recorded in the
Hampshire County Registry of Deeds in Book 8990 and Page 33.
i) Matters not appearing in the records of the Registry of Deeds and Registry of
Probate.
j) Taxes or other municipal liens coming due but not yet payable, and such taxes or
liens which, though payable, were erroneously undisclosed by the collector of
taxes.
k) An encroachment of buildings or fences or utility wires on these or the adjoining
premises.
I) Any liens for materials, no statement of which is recorded or filed.
m) Conditions, limitations, restrictions, qualifications, easements, and stipulations
contained or referred to in the present conveyance.
n) Any state of facts that a survey would show.
o) Governmental rights of police powers or eminent domain, unless notice of such
rights appear on the public records at the date hereof.
p) Building, health and zoning codes, and ordinances.
q) Restrictions arising under laws and regulations relative to the flood plain,
conservation, or historical designation.
r) Rights and interests acquired by prescription or adverse use.
s) Any claim or lien of the Commonwealth of Massachusetts relative to oil or other
hazardous wastes pursuant to M.G.L. c.21E.
Liability to the Buyer under this Certification of Title is limited to the amount of the
purchase price. This office agrees to indemnify the Buyer and its successors in interest
opined hereto, to the full extent allowed by law of any loss attributable to a breach of
its duty to exercise reasonable care and skill in the examination of the title and the
giving of this opinion.
This Certification does not report to matters of bankruptcy.
The undersigned shall be entitled to rely upon the completeness and accuracy of plans,
surveying services, and information provided by registered land surveyors and licensed
civil engineers.
The Buyer and Seller acknowledge receipt of a duplicate original of this Certification and
information concerning the availability and scope of policies of insurance insuring their
respective title against defects in title outside the scope of an ordinary record search,
such as fraud and forgeries, expired powers of attorney, surveyor's errors, false
personations, missing heirs, unprobated wills, deeds by minors, persons of unsound
mind, or undisclosed marriages and divorces, birth and adoptions a~er the date of will,
and falsified records.
BY:
Elaine M. Reall, Esquire
20 Hampton Avenue, Suite 160
Northampton, MA 01060