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29 1/2 GREEN STREET - 24 WILLOW AVE- SEAWALL COLLAPSE 2-15-05 - BUILDING INSPECTION 'Z� IL G2�iU ST C24 t.,9U.cv q,��, J`FA�v�•4�L CcK-t-'`-1"��� Z/�r/�� Rr{.9` ]"41�4?' 9 This day of 1996 Frederick J. Atkins and Patricia M. Connolly—Atkins of 5 Neptune 1. PARTIES Road, Marblehead, MA 01945 (fill int hereinafter called the SELLER, agrees to SELL and Peter Cunningham of Salem, MA 01970 hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the _. following described premises: Building located ,,in Salem, Massachusetts, 2. DESCRIPTION being a two—family structure known and numbered 291 Green Street including a portion of the land described in deed recorded with ((U In andincludeude Essex South District Registry of Deeds Book 9566, Pae 355 in >':,'•, fide reference) g y � g j'? .. accordance .with a subdivision plan attached hereto as Exhibit 1, meaning and intending to exclude from ;thia Agreement a portion of said land and three—story structure known and numbered 29 Green Street. ,J. BUILDINGS, Included in the sale as a part of said premises are the buildings,structures,and improvements now thereon, STRUCTURES, and the fixtures I and used in connection therewith including, If any, all venetian IMPROVEMENTS, blinds,window shades,screens,screen doors,storm windows and doors,awnings,shutters,furnaces,heaters, t ,* FIXTURES heating equipment, stoves, ranges,oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels,outside television antennas, fences,gates,trees,shrubs,plants,and,if built in,air conditioning equipment,ventilators,garbage disposers, dishwashers, washing machines and driers,xxsl Uhl in or delete) but=Wxoling 4. TITLE DEED (fill in) Said premises are to be conveyed by a good and sufficient QUITCLAIM deed running to the BUYER, or • Include here by speck to the nominee designated by the BUYER by written notice to the SELLER at least seven days before the reference any restric- deed Is to be delivered as herein provided,and said deed shall convey a good and clear record and marketable tions, easements, rights title thereto, free from encumbrances, except and obligations in (a) Provisions of existing building and zoning laws; party walls in- (b) Existing rights and obligations in party walls which are not the subject of written agreement; eluded in (6J),, lleases, (c) Such taxes for the then current year as are not due and payable on the date of the delivery of municipal and other such deed; (lens, other encunt- (d) Any liens for municipal betterments assessed after the date of this agreement; brances, and make pro- (c) Any easement,restriction or agreement of record presently in force and applicable which do not vision to protect interfere with the reasonable use of the premises as now used. SELLER against it6Qc *+ BUYg'R'S breach of SELLER'S covenants in lenses, where necessary. _ 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing, if the title to said premises is registered, said deed shall be in form sufficient TITLE to entitle the BUYER to a Certificate of Title of said premises,and the SELLER shall deliver with said deed all instruments, If any, necessary to enable the BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is One hundred thirty—six thousand Ull in);space is al- lowed to write out and 00/100 ($136,000.00) the amounts. dollars, of which (provide for pay- $ 500.00 have been paid as a deposit this day and ment by eerrified or Bank's Check ac- S 6,300.00 is to be paid upon execution of this Agreement ceptable to the SELLER it required) $129,200.00 are to be paid at the time of delivery of the deed in cash,bank or certified checks. $136,000.00 TOTAL 8. TIME FOR Such deed is to be delivered at 2:00 o'clockpp.M.on or before the 15th day of PERFORMANCE: January t996 , at the Registry of Deeds', unless otherwise agreed upon. It Is agreed that time DELIVERY OF is of the essence of this agreement. DEED (rllhi) *or at the office of lender's counsel 9. POSSESSION and Full possession of said premises free of all tenants and occupants/and all personal property,except as herein CONDITION of provided, is to be delivered at the time of the delivery of the deed, said premises to be then(a)in the same PREMISES. condition as they now are,reasonable use and wear thereof excepted,and(b)'nol in violation of said building I. (attach fist of ext¢µ and zoning laws,and(c)in compliance with the provisions of any instrument referred to in clause 4 hereof. lions, if any) The BUYER may elect to review property within 48 hours prior to transfer with reasonable notice to SELLER. **of the right side unit but subject to the tenancy of the left side unit which tenancy is a tenancy at will. 10 ; i ri g•r. '?r1"* ' fi rtfl'�Ytl ',�`" i 'd ; FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,deliver 4` RERFECT'TITLE possession,or make the premises conform, as the case may be,all as herein agreed,or if at any time during jk. OR`MAKEthe period of this agreement or any extension thereof,(lie holder of a mortgage on said premises shall refuse r PREMISES CON. to permit the insurance proceeds, if any, to be used for such purposes, then, at the BUYER'S option, any I'ORM, etc. payments made under This agreement shall be forthwith refunded and all other obligations of all parties hereto ` shall cease and this agreement shall be void without recourse to the parties hereto. g12.• BUYER'S The BUYER shall have the election, at either the original,or any extended time for performance, to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the pur- 1 ACCEPT TITLE chase price without deduction; in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause,if the said premises shall have been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has previously restored the premises to their former condition, either (a) pay over or assign to the BUYER,on delivery of the deed, all amounts recovered or recoverable on account pf such Insurance, less any amounts reasonably expended by the SELLER for any partial " a restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned, @gt� give to the.BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so recovered or recoverable by the holder of the said mortgage less any amounts expended by the SELLER for any partial restoration. EP NCE OF The acceptance of a deed by the BUYER or his nominee as the case may be,shall be a full performance in bFE D discharge and release of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. !t t X14 4t USB OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery < : > "PURCHASE of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or Interests,provided that all instruments so procured are recorded 3ismtkameatsitinrithrfisexte4aawmradc � y11 ,CLEAR TITLE in according with customary conveyancing practice in .Essex County. IS:`'INSURANCE S�` oun !loser!amt (list Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: x , h3;addilionat types of Type of Insurance Amount of Coverage t insurait e and (a) Fire and Extended Coverage •S As presently insured i j a itaunts as agreed) (b) �16;4xADJUSTMENTS Collected rents;tosus;s®attmer i�aasigmeidroaiumelmquasidest,water and operating ex- sewer use charges,x�rmltixRsa(sertsaip$so� gYntyroimbakhoutzsix=bz 1usluat, parses, 1/any, or and taxes for the current year,shall be apportioned and fuel value shall be;adjusled,as of(lie day of perform- (,, . attach shedule) ance of(his agreement and the net amount thereof shall be added to or deducted from, as the case may be, ` the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the cur- rent rental period shall be apportioned if and when collected by either party. t. i 'ADJUSTMENT OF. If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned 'UNASSESSED on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the new tax rate "t'w NO ABATED and valuation can be ascertained; and if the taxes which are to be apportioned shall thereafter be reduced aTAXES by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be appor- i°v;M.. 4 tinned between the parties,provided that neither party shall be obligated to institute or prosecute proceedings .., ;:;., for an abatement unless herein otherwise agreed. Tg7.xBROKER(S) FEE A fee of Six thousand eight hundred & 00/100 ($6,800.00) for professional services t (/ill in space) is to be paid by the SELLER to Tache Real Estate the Broker(s)herein, rgpgstotaimitzxIsipmk:amder ' ""''°K$,` xbt� kat�czd>�ie�tttalctame laLa>�rmmcpaHl� �tlyk-., ' sOmislsaMSUlacrsmaawuet;Xsal[ :`� u"° lfggtXalirip{3ttl11a91fi3rAaltt6 t ROKER(S) The Broker(s) named herein Tache Real Estate ;y.WARRANTY warrant(s) that he (they) is (are) duly licensed as such by the Commonwealth of Massachusetts. u=" ' (/Jll.ln nail) . •Y,20sDEPOSIT All deposits made hereunder shall be held, in escrow, by Tache Real Estate ,; tzM:flll in or delele as agent for the SELLER,subject to the terms of this agreement,prnuJmai9awmaYhmtiar>lte:otsntxtascyc ireference to x1isagREomxkat y)mpettdm �mi�mcR wA.�1'z roker(sJ U SELLER � � BR �ffi �Jeasta�caNOi xaiifc�ttx &k d;•:.., , holds deposit) 71RNatNK9[�IMjc 6 sst»sq�tlsf»BRt smxlREssmktwlxaxaeatee d in an w kse�xsmtxasrsdpdmauacakthexx epos t s a a ma nta tied interest bearing account w t nterest'paya e o exceVt in the event of BUYER default. '2t BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements hcrem,all deposits made hereunder by the BUYER EFAULT; shall be retained,by the SELLER as liquidated damagesmi�m�iaihist pm®fpalRretsimpd�ymfa= e f5i41DAMA0ES � �����,� e c . ' which shall"be SELLER'a s6le'and e�x��clu_¢s�ive��remed FINANCING The BUYER is applying for a first mortgage of$111Il,J!l1S1..LLlt according to an Initial amortization sched- Jndlcares Ilse este of 30 years at �xKthe usual rate of interest prevailing at the time of the Bank '(rale and terns on commitment or the signing of the mortgage note. It Is agreed that this mortgage may include a fixed rate /dck payments are mortgage,variable rate mortgage,renegotiable rate morlgage,or review mortgage;however,shall not be limited f 3w q,TMc emit uled to these types of instruments::This finan 'ng in the above-named terms shall be obtained by the BUYER and/or rr ,7 Broker on or,before December 151y95 failing which,all monies shall be returned, and =s " all other obligations of all parties shall cease and this agreement shall be void and without recourse to the t S1 r 1 parties hereto, provided however, that the BUYER notifies;the SELLER and the Broker in writing of their inability to obtain said financing on or before this date.Failure to so notify will not excuse the BUYER from performance hereunder. �S' Sail : ey_ X23. NOTICB If BUYER is seeking Veterans Administration loan benefits or a U.S.Oovernment Federal Housing Ad ims- t (Re Veterans tration insured loan,appropriate language,as"applicable,must be' eluded in the Purchase and Sal ant. dB7nancing, F.X.A. M•;. � r " Financing) x.' BUYERS'Initials S L 'I ' l 0 a A R.October 1991 \ i _ PV,h, 24 .LIABILITY OF If the SELLER or BUYER:executes this agreement in a representative or fiduciary capacity, only the prin- ) ',',,fTRUSTEES,. cipal or the estate represented shall be bound, and neither ithe SELLER or BUYER so executing, nor any y� ,,SHAREHOLDER, shareholder or beneficiary of any trust, shall be personallyliable for any obligation, express or Implied, r vw sBENEFICIARY,etc. hereunder. ' 4L ,?i .CONSTRUCTION This Instrument Is to be construed as a Massachusetts contract, is to take effect as a sealed instrument,sets ,OF AGREEMENT forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto k and their respective heirs,devisees,executors,administrators,successors and assigns, and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several.The cap- tions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it.This is a legally binding contract. If not understood, seek competent advice. 26, LEAD PAINT BUYER acknowledges receipt of the"Department of Public Health Property Transfer Notification"regard- ,;;, . LAW Ing the Lead Law,acknowledges verbal notification of the possible.presence of lead hazards and the provi- d;ACKNOWLEDGE- sions of the Lead Law and regulations, and further acknowledges that SELLER(s) and BROKER(s) make MENTS no representations,express or implied,regarding lite presence of lead. BUYER(s)lake full responsibility for compliance with all laws relating to lead paint removal and related matters(in particular, without limitation, Mass.Gen. Laws,Ch. 111,Sec. 197),and BUYER(s)assumes:the responsibility for all tests,lead paint removal and other costs of compliance with the Lead Law. 27 :SMOKE The SELLER shall equip the residential structure(s)on the within described realty with approved smoke de- + * 'DETECTORS tectors and furnish BUYER with Certificate of Approved Installation from the local Fire Department no later than time of conveyance. [ailCi on and ;�r28 ';BUYER S HOME This Agreement is subject to the right of the BUYER to obtain, at his ewn expenseJ a home Inspection of AS h°INSPECTION the premises by consultant(s) of,his own choosing within ten (10) days aiYortsltts�a ®elnaxdshds KNO W LEDGE- ,asr aR®alre�aae>r$X�Scpatfdlmtzsr:rmmrrtst5mr1c1aatearY r^ MENT 1l9fKXlt If the BUYER is not satisfied with the results of such inspection,this Agreement may be terminated without legal or equitable recourse to either party by [lie BUYER at his election, the parties thereby releasing each other from all liability under this Agreement, and the deposit shall be returned to the BUYER, provided, however, that the BUYER shall have notified the SELLER and Broker(s), in writing, on or before the expiration dale herein specified of his Intention to o==;`'w. so terminale; failure to so notify will not excuse the BUYER1from performance hereunder. In the event the BUYER does not elect to have such inspection or to so terminale within lcn (10)days the SELLER and the z Broker(s)are hereby released from liability relating to defects in the premises which the BUYER or BUYER's consultant(s) could reasonably have been expected to discover. *following SELLER's written notice to BUYER that the right side unit' has been vacated. 29 ,,WARRANTIES The BUYER acknowledges that he has not relied upon any warranties or representations not Incorporated in this Agreement,except for the following additional warranties and representations,if any,made by either `kM1„'- REPRESENTATION the SELLER or the Broker: ACKNOWLEDGE- }�r MENT None n,yly rl (If none, stale "none”; if any listed, indicate by whom the warranty or representation was made.) _30 XDDITIONAL F++ ,ROVISIONS SEE ADDENDUM A ATTACHED HERETO AND MADE A PART HEREOF. a k u ,S M{ � aI have received a copy of the Purchase and Sale Agreement.This is a legally binding contract.If not under- .`n;• stood, seek competent advice. The BUYER(s)acknowledges receipt of the notice required by regulation 254 of the code of Massachusetts Regulations Section 2.05(15)regarding the relationship of the-BROKER(s)with BUYER(s)and SELLER(s) of the properly. /-29-9r y.' au !'•,Peter Cunning Date SeNer rederiek 'J. ins Date �r ift022 - 5$- 3288 HSodal.Security Number Social Seeur iti1.i lato?$S � ' I.J .i 9aytr Dale Sd er - Dat/ At Y Patricia M. Connolly— ins �Soclal Security Number , Social Security Number ' ) Iu5 , Jtlk '! W - T r r' pk> oaf. EXTENSION FOR FINANCING The time for financing of the foregoing agreement is extended until_o'clock_.M.on the_day of 19_, time still being of the essence of this agreement as extended. This extension is intended to take effect as a sealed instrument. Buyer Date Seller Dale Buyer Date Seller Date EXTENSION FOR PERFORMANCE ' The time for performance of the foregoing agreement is extended until_o'clock M. on the_day of 19 time still being of the essence of this agreement as extended. This extension is intended to take effect as a sealed instrument. • - Buyer Dale Seller Dale Buyer Date Seller Dale INSTRUCTIONS IN GENERAL (These instructions am suggestions only. Consult your ATTORNEY./hr particulars and details.) 1. Any lista or schedules to be attached should be properly incorporated by reference and initialed by all parties concerned. 2. This agreement, in Its printed form, may not be suitable for use by trustees or other fiduciaries unless amended. 3. Each party should bring his agreement with him when passing title. INSTRUCTIONS TO SELLER After this agreement has been executed by all parties, arrange for drawing the deed. Bring at the appointed time to the place designated for completing the transaction: 1. The deed signed by all SELLERS, properly acknowledged before a Notary, and If registered land, the owner's Certificate of Title. 2. A list of tenants and lessees,with a statement of amount of rents,deposits with any Interest due,and the dates to which the rents are paid. 3. All leases on the premises and tenancy at will agreements; also all Permits you have for the use of the premises. 4. Bills for taxes for the current year, whether receipted or not. 3. Water bills for the current period. 6. Guarantees for roof, sidewails, plumbing or other fixtures. 7. Smoke Detector Certificate. INSTRUCTIONS TO BUYER If you are obtaining a mortgage, all BUYERS signatures shall be required and all BUYERS should be present at time of passing title. Bring at the appointed time to the place designated for completing the transaction: 1. A certificd or Bank's Check drawn payable to you in an amount equal to the amount of payment to be made at time of passing title. 2. Insurance policy as required by lending institution. 3. Sufficient additional cash to pay for apportionment of rents,taxes,water charges,Insurance premiums,attorney's bill,plot plans,recording fees and other adjustments. It is customary for the BUYER to pay for drawing any mortgage documents and fees for recording his deed and purchase money mortgage. He also pays for examination of title and for Tax Collector's report showing whether there are any municipal liens or unpaid taxes. r' r�i�ri'. 11 z o t LU a yl YS� C tn ,4 C AC ` W W Hp� oo e+o a 0 W n Q g7s 4'r��ik'�h• � � U � gL Q Wra • � G. nd. W n� J ?;� C a `a PB�� �t .... ,x..... _.. County Pd l sachil"it,, ! f,r consideruti ou paid. Grunt to ..i l:..l.•.1....i I I ul' __ _. ........ ........._. ...... .... ...with quli[lohu [uunmutn • ;._.a t t ...0_I. I t c7._.a.0 1 ,d.. tLl''IRIG1 Yn d,U IC I� P1;,..t 14 t ! 1. .._.A.1.1 IdG ll.0 li l.il _.c)_t. CO.f.�F?W, f„i nthbl W4lii-tli4 1Sn111t1fIigA\M@16dd Ci6bddo4 dtiQatYptdflU4H%itAXIYA,AJI` , L t•r]v corner C, said pr 1, irc"[, I L' � nt .�� i �' fr'^! / lv °'•rlil �"Pl r. ; n. .,L it n_t, �/•,•: lin; a^i . '�, I lin) n lni 'I 1n1.., r 7t loc-'Y; ..".ru r.• t.0I'll i11 'u. l :'inti n„ e.:Ir.L 1. v l } 7nn�1 0;' GIclIIv :1 1.wo c)o reet, l c I :1111 n I It'!' of 1,i' y o J,( It IIli ai, 'm i unr In I,orlh rly by 111-1 IC:; of '.Ly of •� . l " I III .: 1 Ir l l( 'h, L Ir I ( ffit, I. Lt.r m nr ..nl. 1 : ort.c. - Lv 1tu. i Irl ,,, i 'it,l <," ', •I I;. Lwo hillI :DO) P I lr , roc❑ Lr�-:t .: I pni :I•, vi:I, ft iiPr" '.''nid Ili:'•Lun Cc'.' ! _.• t,0 :.I1 !at rl i t it I-ato'- 'ot ;II npiu r cr,nt 1 1,he , non Lcc, t r- frn- (Int - , 1 ^u: t rvr Lo �lo`a,rt. I'. Tut t, "rl.b , riatr l .�c�_I.Ler 2?., litl!, , tl:/.1 i. .:orll�n' cx tiuut.h hi :a r. ct 1fr• - :Lry r,f' I'tedo, iook :',0 It•, Parte 231, respect i v 1p, ::a t+lCe of Iinbri u 4-. i1u[.t(!r.c), _ o ni :ulll'i ILg f;��;t,noa iR�eitl.y{rmnnz`; n vlP"":i4rr 110 if i{[C rI�TICeB%aYI�dS Q,Vittl/,f .001ian0}li bGc ltw�atYtt:lfy 'uhti:Wlfof�bt'bhitte%iLilArktiit ilAU1QYXa[nI'r lidiiid6liatl TRlhrnm hand( and seal thisdQ ,, }- dav 19! L1 :II (f.ummoumrulll( of Manoarlpmrlle ',• F,155G!:. ss ...,._..,:.!„'^i°`'u.�__.�_.x...__..19 5.7.. 'I Then personally appeared the above namedL._. i,nn i e C, Cy,L.a __..... _.................. �'� and ncknnwled(ed the foregoing instrument to he II C,I fr act 1p�deild E rr7A..-gin i' Notary Pu`b_l.ir My C"ootn sine czpires. ........__..__._.10...._.. L. is �y,7 .n j l�t i CITY OF SALEMt MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 FACSIMILE TRANSMITTAL SHEET TO: � � kld,S FROM: ', ' �_/hl COMPANY: DATE: FAX NUMBERO 7.0 7,/S'- 72 58 PHONE NUMBER: TOTAL NUMBER OF PAGES: RE: SUBJECT: COMMENTS / ��o7o,a+ee <JL ,�l�cJ,f G'2oi/•re. aCITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 February 17,2005 Peter Cunningham 29 'h Green Street Salem, MA 01970 Dear Mr. Cunningham; On February 15, 2005,I was called to the scene of a seawall collapse at the rear of 29 '/z Green Street. Upon arrival I found that a portion of this wall approximately 20 feet in length at the eastern corner of this wall had collapsed onto the beach,taking with it a large portion of the fence at the top of the wall, and some of the paved parking area above. At the western end of this affected portion of the wall,by the two small trees, there are two large stones that are very precariously located, and in imminent danger of falling. Also further portions of the parking area are starting to migrate down this debris field, causing an unstable and unsafe area within about ten feet of the southern side of this parking area. As this wall serves to support the land that your home sits upon,the indication is that responsibility falls to you as the property owner. Under the provisions of 780 CMR Section 121.3 it is required that the responsible party shall begin to make safe such an unsafe structure within 24 hours of the receipt of such notification. Further, under Section 121.4, if after notification that a structure is unsafe and threatens the public safety, a property owner fails to take steps to make such a structure safe,then the building official can cause the same to be done by contractors of his choosing, and any resulting expenses will be passed on to the property owner. With this letter you are being notified that the seawall located on'24 Willow Avenue has been deemed to be an unsafe structure, and you are hereby notified that you must begin immediately to make this structure safe:. If you have any questions regarding this matter please feel free to call this office. Thank you in advance for your cooperation on this matter. Scerely, J eph E. BarbeaU j . Assistant Building Inspector CC: file,Mayor's office,Harbormaster's Office, Councilor Veno 0 CITY OF SALEM9 MASSACHUSETTS s PUBLIC PROPERTY DEPARTMENT o�N1NB♦Y 120 WASHINGTON STREET, 3Ro FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, .1R. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 February 17, 2005 Peter Cunningham 29 '/ Green Street Salem,MA 01970 Dear Mr. Cunningham; On February 15,2005, I was called to the scene of a seawall collapse at the rear of 29 '/2 Green Street. Upon arrival I found that a portion of this wall approximately 20 feet in length at the eastern comer of this wall had collapsed onto the beach,taking with it a large portion of the fence at the top of the wall, and some of the paved parking area above. At the western end of this affected portion of the wall,by the two small trees, there are two large stones that are very precariously located,and in imminent danger of falling. Also further portions of the parking area are starting to migrate down this debris field,causing an unstable and unsafe area within about ten feet of the southern side of this parking area. As this wall serves to support the land that your home sits upon,the indication is that responsibility falls to you as the property owner. Under the provisions of 780 CMR Section 121.3 it is required that the responsible party shall begin to make safe such an unsafe structure within 24 hours of the receipt of such notification. Further, under Section 121.4, if after notification that a structure is unsafe and threatens the public safety, a property owner fails to take steps to make such a structure safe, then the building official can cause the same to be done by contractors of his choosing,and any resulting expenses will be passed on to the property owner. With this letter you are being notified that the seawall located on 24 Willow Avenue has been deemed to be an unsafe structure, and you are hereby notified that you must begin immediately to make this structure safe. If you have any questions regarding this matter please feel free to call this office. Thank you in advance for your cooperation on this matter. Sincerely, 4o/seh E. Barbeau Assistant Building Inspector CC: file,Mayor's office, Harbormaster's Office,Councilor Veno / I�/l ��l� I-- •�/L ��Gl'1 W LgFAY&TTC' PL.GCE 3b4 Pl4-NG7HARB®RL r ani. 1995 Locu UIGI- �• - 3 fAPJ3BRve •133i1LP•.�,� — .5502-a47-13r- --w /%0.00 s3. 1 -- / W,L"W A °j'4e %arP,m LOCOS PLAN lS� ZOh'/NG D/.5772/C7- 2 /D�le SU13�/V/SIGN d94 o� GOT s7,0 NOT R�=Q&W;tE10 0 3)L]EE® REs RENCE n mar W m � CO ® `s � QOt7iC bb/B, PAGE .966 W!t� LOT L.OT 8 ' 4j 4) PG AN RE�ERENGE: a.)RECaW Moak 1-337, PA 6E / 0 10599 S.F. !/, �9 S.l�. R A)PLAM NO. /2 aF 1928 ,0 (� � C)RE.GaRA ®OOK 714 PAGE .�Oa C;1PK4A/ BOOk X08, PLAN 7Q 4 C•RAN/TE BETA/N//SKr OYALL tee'.. ue.'.V L.iid� rriJGE '� N Jv//VC BOARD o 0 U - G O O O O UG � A J HEY' CE�@T/FY T</AT TN/.� 70 77yE 41ArJd REGULATJOAlS OaC7t1E f ®_ 0'a �� Edd!S7"I PAI ,rmz::Nr l� wri °° ,� z �,+?EDERBC/L ✓. ATK/N� JR . DAA atz (k300K 66/x' PAGE B2 RVO SCALE346C 5 er 12.6 o ryOjYF.LUNG P"N OF LAND //V 6 6RE,5v sT. X aq:J� A MASS . LOCUS PLA/ i ,n \ p ' a V� e_o r} ZONING atsmICT = R 2 2)LOGOS '/5 S/YOiVN 4WA S SESSORS A�1� U//DER SUt9l�/Y/s/ON ibp LOT s'74 NOT AEQu/PE.D 3)�Eo Aanw-RENCE dJ c UQ' j \ BoeK 46 PA6a .5&6 1r � � I�! "' '" p � 4) PLAN REFLiQENCE: LOT ALOT '8' b , a.) Reno a, eoaC is�7, . Ase /0399 S.F. //, 3'99 S.F. a)PLAN No. /2 aP 1924? 0 a)RaCooW BOOK A" PA6G 300 ell)AW-4AI BOOdC 202, PLAN 79 • ERAN/Te' RETA/N/eW /PALL x e T r CoQ oo ® ® /1!/N� BOARD. �° v y g may c.ERr/Fr rVAr 7WJ'S 1"V� cov, 70 y77HE oWZ EZ A/VD ,QM�99IL..AWONS Gc 7Wd r y �yI //.��. EX/STINV Q �a Y�q { a} ` AMEN b` AG Ls4N0 43 r y JR . Cl X q , s s y yy No.34W. gy 12.6 o. DWELLING r m k/B C E UST/P'G ti rw _ ,a a�scc/NG /N O 0 GREEN Sr a9 \ Al / /1� MASS . � q c a � Itdhl6 PORCH S.R. LEA4 1 V ASS . i �� �! -682.asF - - S3.00 - ///a row- N�/�, ;. SCALE / a 20 * SEPTEMBER 26, P a NO2-47-/3W U) COASTAL SURVEY GREEN ST!@E4ET WADSWORTH VILLAGE (40 , W10E) 130 COWRE ST., DANVE251 MAS l`tl ' 11"V.02-4 7- w 456.24 - f (608) 774 -9460 �'�, pREgENT ®b'VNER F!@EOER/GK ATKfNS W f 02/18/2005 08:12 978-744-2069 BOARD OF ASSESSORS PAGE 01 I t - MASSACHUSETTS QUITCLAIM DEED INDIVIDUAL j . 01 iQC�96 OSIl3 MSS 343 � - i �{( 1 T'�C,Cy� E� j FREDERICK J. ATKINS and PATRICIAN, CONNOLLY-ATA, +1Wsbanct Pim 38 wife as tenants by the entiraty, of 5 Neptune Road, Marblehead, MA for consideration paid, and in full consideration of ONE HUNDRED THIRTY-SIE 'THOUSAND ANA 00/100 DOLLARS ($136,000.00) grant to PETER M• CUNNINGHAM of 13 Leavitt Street, Salem, MA, with quitclaim covenants a certain parcel of land with the building and other improvemee s thereon now known as and numbered 294 Green Street, Massachusetts, shown as Let D on a plan entitled "Plan of Lend in { ded Salem, Mess." dated September 26, 1995, by Coastal Survey, recorded with Essex South District Registry of Deeds, Plan Hook 306, 67, km=nded and described as f011Owst NORTHERLY by Lot A two hundred (200) feet to Salem Harbor; EASTERLY by Salem Harbor fifty-seven (57) feet to land of Frederick J. Atkins it i SOUTHERLY by lend of said Frederick J. Atkins two hundred (200) fast to Green Street; and j WESTERLY by Green Street fifty-seven (57) Leet to the point of beginning. i in accordance with said plan. Containing 11,399 s.f. Also including all rights of the grantor, if any, in and to a ll flats and tide waiter adjoining or appurtenant to the granted promisee. For our title sea dead from Frederick J. Atkins to Frederick J- Atkins at ux dated June 16, Igoe, and recorded in Essex South District Registry of Deeds Book 9566, Page 366. NITNSSS our hands and seals this ,art day of Janta /V9J'r i ww ti � i wQ Fr r c Jnwi Patric a N. 0nn0 y-At r Win• S- ia9a COMMONWEALTH OF MASSACHUSETTS r beer. es. Then irsonell a eared the a6ar•-nerved Frederick J. tot a Patric1 Ae Connolly-Atklrs and G - acknowledged tie ;*"going lnstnment to be ;heir fr act and sed, { I rya NY Commission x EwrATfM*Is .. MAY PUSIIC 1 � 1 ppAtµlNION goads MAIL fI it I. V� t. l is I CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3Ro FLOOR pHIN6 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 February 17,2005 Frederick J. Atkins Trust Frederick J.Atkins,Jr.,Trustee 24 Willow Avenue Salem,MA 01970 Dear Mr. Atkins; On February 15,2005,1 was called to the scene of a seawall collapse at the rear of 29 '/3 Green Street. Upon arrival I found that a portion of this wall approximately 20 feet in length at the eastern corner of this wall had collapsed onto the beach,taking with it a large portion of the fence at the top o f the wall, and some of the paved parking area above. At the western end of this affected portion of the wall,by the two small trees,there are two large stones that are very precariously located, and in imminent danger of falling. Also further portions of the parking area are starting to migrate down this debris field,causing an unstable and unsafe area within about ten feet of the southern side of this parking area. According to the plans on file with the registry of deeds this wall appears to be part of the Atkins trust that holds the beach property(Book 6618; Page 82)listed as 24 Willow Avenue. This would make the Frederick J. Atkins, Jr. Trust the responsible party for the repair of this collapse. Under the provisions of 780 CMR Section 121.3 it is required that the responsible parry shall begin to make safe such an unsafe structure within 24 hours of the receipt of such notification. Further,under Section 121.4,if after notification that a structure is unsafe and threatens the public safety, a property owner fails to take steps to make such a structure safe, then the building official can cause the same to be done by contractors of his choosing, and any resulting expenses will be passed on to the property owner. With this letter you are being notified that the seawall located on 24 Willow Avenue has been deemed to be an unsafe structure, and you are hereby notified that you must begin immediately to make this structure safe. If you have any questions regarding this matter please feel free to call this office. Thank you in advance for your cooperation on this matter. Sic^erely, osfphE.Barbeau,J . Assistant Building Inspector CC: file, Mayor's office,Harbormaster's Office, Councilor Veno C' / MASSACHUSETTS QUITCLAIM.DEED INDIVIDUAL l _ (p�,11,L�05/916 03:15 Inst343 __343TT 'V FREDERICK J. ATKINS and PATRICIA M. CONNOLLY-ATIfts, k�lcbal'a(1 Ei1W J0C wife as tenants by the entirety, of 5 Neptune Road, Marblehead, MA for consideration paid, and in full consideration of ONE HUNDRED THIRTY-SIX THOUSAND AND 00/100 DOLLARS ($136,000.00) grant to PETER M. CUNNINGHAM of 13 Leavitt Street, Salem, MA, with quitclaim covenants a certain parcel of land with the building and other improvements thereon now known as and numbered 2915 Green Street, Salem, Massachusetts, shown as Lot B on a plan entitled "Plan of Land in Salem, Mass. ^ dated September 26, 1995, by Coastal Survey, recorded with Essex South District Registry of Deeds, Plan Book 304, Plan 67, bounded and described as followas NORTHERLY by Lot A two hundred (200) feet to Salem Harbor; EASTERLY by Salem Harbor fift seven Frederick J. Atkins Y (57) feet to land of SOUTHERLY by land of said Frederick J. Atkins two hundred (200) feet to Green Street; and WESTERLY by Green Street fifty-seven (57) feet to the point of beginning. Containing 11,399 s.f. in accordance with said plan. Also including all rights of the grantor, if any, in and to all flats and tide water adjoining or appurtenant to the granted premises. For our title see deed from Frederick J. Atkins to Frederick J. Atkins at ux dated June 16, 1988, and recorded in Essex South District Registry of Deeds Book 9566, Page 366. WITNESS our hands and seals this ,S day of aQiTUar IFP4 O \ V Op V J_/ Boa/qA .No "a Fr or J. A n i-- NNN"' Y � r av `ro'w Patricia M. Connolly-Atkin COMMONWEALTH OF MASSACHUSETTS 43n, 6" IM- Essex, ss. Then persona ly aVpeered the above-named Frederick J. in a d Patrlcl 9. Connolly-Atkins and acknowledged the foregoing Instrument to be their fr act and e,d. bei me dry Pub 'c My Commissionx r 0 E`N.ATKINS,HI l Aev MI,UC 'MY COMMISSION EXPIRES MAR.20,19/0 x ROPERTY ALIENATION OF LAND 183 § 58 y real estate CONSTRUCTION OF INSTRUMENTS PASSING TITLE 7,Lemelman, . x M.P.S. vol. Caption editorially supplied otTtt I1. _ Library References Comments. Construction of instruments passing title, we M.P.S. vol. 5, Rodman, § 397. § 58: Real estate abutting a way, watercourse, wall, fence, or other monument Every instrument passing title to real estate abutting a way, whether public or private, watercourse, wall, fence or other similar linear monument, shall be construed to include any fee interest of the grantor in such way, water- course or monument, unless (a) the grantor retains other real estate abutting such way, watercourse or monument, in which case, (i) if the retained real estate is on the same side, the division line between the land granted and the land retained shall be continued into such way, watercourse or monument as far as the grantor owns, or (ii) if the retained real estate is on the other side of such way, watercourse or monument between the division lines extended, the title conveyed shall be to the center line of such way, watercourse or taking by monument as far as the grantor owns, or (b) the instrument evidences a different intent by an express exception or reservation and not alone by bounding by a side line. tgage note Added by St.1971, c. 684, § 1. Amended by St.1973, c. 185, § 1; St.1990, c. 378, § 1. rate house- 3-rtgagor, a Historical and Statutory Notes mount due St.1971, c. 684, § 1, was approved Aug. 19executed on and after said effective date and to ,1971• instruments executed prior thereto,except that de On the Section 2 of St.1971, c. 684, provides: as to such prior executed instruments this act "Section fifty-eight of chapter one hundred shall not apply to land registered and con- and eighty-three of the General Laws,added by firmed under the provisions of chapter one section one of this act, shall take effect.on hundred and eighty-five of the General Laws January the first, nineteen hundred and seven- before said effective date or to the extent that ty-two and shall apply to instruments executed any person or his predecessor in title has on and after said effective date and to instru. changed his position as a result of a decision of m one of this ments executed prior thereto, except that as to a court of competent jurisdiction." ,age note exe• such prior executed instruments this act shall St.1990, c. 378, § 1, inserted "similar linear" of this act." not apply to land registered and confirmed and, in cl. (a), substituted "or" for "and" fol- under the provi9ions of chapter one hundred lowing"abutting such way, watercourse". and eighty-five before said effective date or to Section 2 of St.1990, c. 378, provides: the extent that any person or his predecessor + in title has charged his position as a result of a 'The provisions of section one shall take decision of a court of competent jurisdiction." effect on January the first, nineteen hundred St.1973, c. 185, 1, a and ninety-one and shall apply to instruments payment, see § approved April 17, 1973, i01. Inserted "fee ' executed on and after said effective date and to instruments executed prior thereto,except that ortgagor and Section 2 of St.1973, c. 185, provides: as to such prior executed instruments this act 14A, Simpson "Section fifty-eight of chapter one hundred shall not apply to land registered and con- and eighty-three of the General Laws, as firmed under the provisions of chapter one vol. 21, Lom- amended by section one of this act, shall take hundred and eighty-five of the General Laws effect as of January the first, nineteen hundred before said effective date or to the extent that and seventy-two and shall apply to instruments an person or his y pe predecessor in title has 153 R kt ER ATION OF LAND 183 § 15 i.'. orever," took effect, G. died, leaving R. and one D., gave, granted, bargained, sold, and their two children surviving, the use was exe- conveyed "unto the said H., his heirs and as- f,f "'ted in the children by the statute of uses. sips, as trustee as aforesaid, and upon the 'chardson v. Stodder (1868) 100 Mass. 528. trust hereinafter set forth,"certain premises,to 4, have and to hold, etc., "to the sole use and 4f' Trusts `. q'. behoof forever of said D., her heirs and as- ,ord Fact that words"in trust" did not appear in signs,,and in trust for her heirs and assigns ., evise of farm to "Archbishop • ' . to be and the trust mentioned was the payment of ai. devoted to such charitable uses as he may mortgage,and the effect of the discharge there- ,,�, 'lect"was immaterial, in view of clear object of was not prescribed in the deed, and them- ft as trust for charitable purposes. Sulli- after H., as trustee'of D., and at her request, q "_v.-Roman Catholic-Archbishop of_Boston .transferred-the property to"G.-on-the-same- (1975) 331 N.E.2d 57, 368 Mass. 253. p y i ' trust, grantee in eacchh deed took legal estate in of words"my farm"to describe property fee and in trust, and not as feoffee to uses; "sed to archbishop as charitable trust, in hence on discharge of mortgage statute of uses S, bw of fact that major portion of testator's did not vest legal estate in D., but it was duty . to consisted of real property held for in- ''lh tment, indicated mere possession and not trustee convey, request, legal estate to D. omental attachment to property in question D. . a her assigns. Dakin v. Savage (1898) 51 h d thus such gift evinced no intent that land N.E. 186, 172 Mass. 23. ff be used for charitable purposes. Id. Where land was conveyed to the selectmen s creating trusts for benefit of college of a town, and their successors in office, in for benefit of grantor and heirs, imposing trust for the use of the inhabitants on condi- 1 'DIY ve and continuing duties ;on trustees of tion that if the grantor should support himself f u' „ 71ege for benefit of grantor and represents. and family, and indemnify the town against ? st d' !les, gave trustees estate in fee in trust, and any cost and expense therefor,the deed was to uld`: d not create mere use executed under statute be void, such conveyance, if it passed any tru - fuse. Amory v.Trustees of Amherst College interest, conveyed a trust estate to the inhab. j I title{t 1918) 118 N.E. 933, 229 Mass. 374. itants of the town, and not a use vested by the 9 y of' Where deed, in consideration of a certain statute. Inhabitants of Norton v. Leonard m mf to be paid by one H., "as he is trustee of (1831) 29 Mass. 152, 12 Pick. 152. { hard' 15. Easements, privileges and appurtenances belonging to granted es- tate itt Ln a conveyance of real estate all rights, easements, privileges and a urte- tt to 4 Y g P g PP ,m!b nces belonging to the granted estate shall be included in the conveyance, !; Id re' ess the contrary shall be stated in the deed, and it shall be unnecessary to umerate or mention them either generally or specifically. tor; rem Historical and Statutory Notes 'd ve hot 1912, c. 502, § 1. Of,. i; lith' G-L Law Review Commentaries Ii atu� estruction of deeds; easements, 1 Ann. .Mas&.L. (1954). i tfttr Library References ' s X117. Easements, see M.P.S. vol. 5, Rodman, to i .t o W Topic No. 120. § 235; vol. 14A, Simpson and Alperin, isle JS. Deeds§ 106. § 1434; vol.28, Park,§ 271 et seq.; vol. er mments. 28A, Park, § 1117. 188 -!Appurtenances and easements, see M.P.S. Rules and regulations, see M.P.S. vol. SA, •.y;,vol. 33,Stavisky, § 696.- Rodman, § 876. "for s.Description of premises, we M.P.S. vol. to. -'i,'.14A, see M.P.S. vol. 14A, Simpson and Alperin, § 1367. - 71 i; f�CE e� s l�A�� 9T6 330 -••' 33-%32 � 1 �3a TTas SSRE , 3 g 63 p0 g' 3 i gS 3A 3388 gg 33M`8 339FrSQ�g a� 1 ' i 1�yr m69 gg C 70 ❑ t� 33-,,,QQQ��555�� e 33� ""'�' 1 33�4g r 33 N 4 Iuy 57 low 21 25-25 ST. I ' 8. - 1 26 35g 22 2, 50 7293 3& 33 X73 _ i a 574724 ; 3 - 33- 10 3 1 601 50 15 17 a 8071 •- -,.,. ' 13 B $T. 12 14 m 3- 733 1 339 33 1 - b2 � — m El 9 33- 2 33- 1 60 50 1 2:+ 3 - �_.. 11 i5 11 WILL AVE. ,: 22 j AVE. ° 20 ` K .:---- k Uill Ir _ ^U1 FF-FIEF: G( ='wi[Il f.rTS''T icl e QQ • ) y r l ,.. .. 1 r r •.r . r y.— _ I�Ri'iTT,f[T. � ice..,''.T..IYT� /. T1:I:fI n 1 'loadsat ��' rn�o vu Cil r4HZ'1, rloo 1):+'1': p.!o: Ice i1G[ rZ7, �ml_II ; .3'7rr1, •>Ja 1.113'1 l n_I .I,ul,,o'I o'1 nn.l,.;.;�n.�. PJIr u71 n'L r tu:. .10,IJ ,, ,.'.:a.r•-' I .� lll,,.l iu., :,'I gu,. I, 4.:;l Ilili 12 ) l 1 u`: 1i, 1 • }❑ I a'.J:,J ;I: �r,,,l i.r, lo.i.1 o.v"1 '.,..:.11. ".1,•1� loI T,'rni 'n1L1l1LlI 1 1 :'I!o1 ) 1 1 +1 1Ui 1 it 11 .113 a 1 L , o o - 7 L3 o I I,:F q li.I 1 .1.1o. luIuul ..u1 Iola Jo + nom, Io I,. CJ 11c( of '1 1 �. oM I I;AOgC 12 11 'U ILIn J 11.11 '1 6 ]7 '�. '!(1.,.:'7;. '1 �•J•` IIU G1^.1 �,ti 1) f: JO .1011.100 1:::14.-y7.11,;J �M^tI1rY9M1.NA4t�1PM^PririMs.WTu11 Nb.!'49�dHk V317r1Pl M.tl 9�0•�BA^�",'plilv�l�•1 1 1, _..z j7T['In tp " �l'+'ilpn 7fi 'r.•11'FLC I 1 ItJ':11 0 3 .'171 r1j reA V'RXhr9❑ T;njr ,n.o ',r::[ 1 1 ,,,,.1'+� '- .,n.t, .7 1 , 1 ,1, ..._,�.Y-`I,r °QII '!':I S ii'y T 1 ... _.._ .rg riT I + ,.I. .. � .. L...., 1 1 u 1 J i 1 11 vmlacssr lC 'Sluno� _.._. ., .. ....,1., I n _' T`:•-" n. ......fl _ r m1 ) , uu ............. � lc l 1day of 1996 s This Frederick J. Atkins and Patricia M. Connolly—Atkins of 5 Neptune Road, Marblehead, MA 01945 1. PARTi ES trill in) - hereinafter called the SELLER, agrees to SELL and Peter Cunningham of Salem, MA 01970 a hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: Building located i in Salem!, Massachusetts, q t , DESCRIPTION 2. being a two—family structure known and numbered 2911 Green Street including a portion of the land described in deed recorded with ii (rill in and include Essex South District Registry of Deeds, Book 9566, Page 355, in ga title reference) 8 Y *F accordance.•with a subdivision plan attached hereto as Exhibit 1, 1x �b' meaning and intending to exclude from ;;this Agreement a portion of said land and three—story structure known and 'numbered 29 Green Street. � ` 33. BUILDINGS, Included in the sale as a part of said premises are the buildings,structures, and improvements now thereon, STRUCTURES, and the fixtures I and used in connection therewith including, if any, all venetian `IMPROVEMENTS, blinds,window shades,screens,screen doors,storm windows and doors,awnings,shutters,furnaces,heaters, ^FIXTURES healing equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto, hot water heaters, plumbing and bathroom fixtures, electric and other lighting fixtures, mantels,outside television antennas, fences,gales,trees,shrubs,plants,and,if built in,air conditioning equipment,ventilators,garbage disposers, dishwashers, washing machines and driers,m ik i ((ll in or delete) 4. TITLE DEED (fill in) Said premises are to be conveyed by a good and sufficient QUITCLAIM deed running to the BUYER, or •Include here by speck to the nominee designated by the BUYER by written notice to the SELLER at least seven days before the reference any restric- deed is to be delivered as herein provided,and said deed shall convey a good and clear record and marketable tions, easements, rights title thereto, free from encumbrances, except and obligations in (a) Provisions of existing building and zoning laws; party walls not in- (b) Existing rights and obligations in party walls which are not the subject of written agreement; eluded in (b), leases, (c) Such taxes for the then current year as are not due and payable on the date of the delivery of municipal and other such deed; liens, other encum- (d) Any liens for municipal betterments assessed after the date of this agreement; .'brances, and make pro- (c) Any easement,restriction or agreement of record presently'Jn force and applicable which do not vision to protect interfere with the reasonable use of the premises as now used. x +'SELLER against AGQc ^'d UYFR'S breach of Y SELLER'S covenants in leases, where necessary. S. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the ,lewd in form edrnneln fnr rornrdine nr reokirminn. � 11 ti. ILURE TO. . If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,deliver ,PERFECT'TITLE possession,-or make the premises conform,as the case may be, all as herein agreed, or if at any time during liri ,OR`'MAKE the period of this agreement or any extension thereof, the holder of a mortgage on said premises shall refuse ix 'a PREMISES CON- to permit the insurance proceeds, if any, to be used for such purposes, then, at the BUYER'S option, any FORM, etc. payments made under this agreement shall be forthwith refunded and all other obligations of all parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. i-:12.1',BUYER'S The BUYER shall have the election, at either lite original;or any extended time for performance, to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor the pur- i :t M, . :ACCEPT TITLE chase price without deduction; in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions or this clause,if the said premises shall have been damaged a>t,^ • by fire or casualty insured against, then the SELLER shall unless the SELLER has previously restored the premises to their former condition, either a4 o- (a) pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account pf such Insurance, less any amounts reasonably expended by the SELLER for any partial } restoration, or 4±, (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof -=+-y,,. to be used to restore the said premises to their former condition or to be so paid over or assigned, give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts y :a so recovered or recoverable by the holder of the said mortgage less any amounts expended by the SELLER for any partial restoration. }i=ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be, shall be a full performance in DEED discharge and release of every agreement and obligation herein contained or expressed, except such as are, tis by the terms hereof, to be performed after the delivery of said deed. l'w "14" USE OF To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of delivery F; -PURCHASE or the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or " hd , :MONEY TO Interests,provided that all instruments so procured are recorded Analtanesussix ark $ CLEAR TITLE in according with customary conveyancing practice in .Essex County. l IS "INSURANCE kx y�!Lrsert amount (list Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: additional types of Type of Insurance Amount of Coverage Glnsurance and (a) Fire and Extended Coverage 8 S As presently insured 'amounts as agreed) (b) v"T e (e) 16 rADJUSTMENTS Collected rents,r®REa®ai®eseaaF i�sstgne4��mtimgsraWftt, water and riy (list operating ex- sewer use charges, ;mt9xxzbnfak omsdbcxbhemtataxsttfxmbttialm (�all y apportioned and fuel value shall be adjusted,as of the day of perform- penses, y, or and taxes for lite current ear,shall be ottach shedule) ante of this agreement and the net amount thereof shall be added to or deducted from, as the case may be, ` the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the cur- rent rental period shall be apportioned if and when collected by either party. 17 ADJUSTMENT OF. If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned NASSESSED on the basis of the taxes assessed for the preceding year, with a reapportionment as soon as the new tax rate `yw ry AND ABATED and valuation can be ascertained; and, if the taxes which are to be apportioned shall thereafter be reduced uaTAXES by abatement,the amount of such abatement,less the reasonable cost of oblainin the same,shall be appor- tioned or- tioned between the parties,provided that neither party shall be obligated to;institute or prosecute proceedings s: ? for an abatement unless herein otherwise agreed. 18: BROKER(S) FEE A fee of Six thousand eight hundred 6 00/100 ($6',800.00) for professional services ill in space) is to be paid by the SELLER to Tache Real Estate r 24 .LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the prin- Q6 t a�. STEES, cipal or the estate represented shall be bound, and neither'the SELLER or BUYER so exceuting, nor any g.SHAREHOLDER, shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or Implied, Y7 'IDENEFICIARY,etc. hereunder. y `23:: CONSTRUCTION This instrument Is to be construed as a Massachusetts contract, is to take effect as a sealed instrument, sets ;;`x:' < OF AGREEMENT forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisees,executors, administrators,successors and assigns,and may be cancelled, modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or morepersons are named herein as BUYER their obligations hereunder shall be joint and several.The cap- tions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent of the parties to it. This is a legally binding contract. If not understood, seek competent advice. 26. LEAD PAINT BUYER acknowledges receipt of the"Department of Public Health Property Transfer Notification"regard- LAW Ing the Lead Law;acknowledges verbal notification of the possible presence of lead hazards and the provi- ACKNOWLEDGE- sions of the Lead Law and regulations, and further acknowledges that SELLER(s) and BROKER(s) make MENTS no representations,express or implied,regarding the presence of lead. BUYER(s)take full responsibility for compliance with all laws relating to lead paint removal and related matters(in particular,without limitation, Mass.Gen. Laws,Ch. I11,Sec. 197),and BUYER(s)assumesithe responsibility for all tests,lend paint removal and other costs of compliance will, the Lead Law. 27 ,SMOKE The SELLER shall equip the residential structure(s)on the within described realty with approved smoke de- P DETECTORS tectors and furnish BUYER with Certificate of Approved Installation from the local Fire Departmentnolater than time of conveyance. ait� j � Ci / on and pX X28 >BUYER'S HOME This Agreement is subject to the right of the BUYER to obtain, at his awn expense,Ja home inspection of ""r�INSPECTION the premises by consultant(s) of.,his own choosing within ten (10) days smmrxkts��a6esUal®o2leaxrtYhdx ACKNOWLEDGE- kxrfiesltzancr0msrrsdrmdc�e�at i' MENT ]IL[ lgpiglfilfaF�fdt`if7�E7fi�rdlR8r1t7k7tMMpgfardg4l(kKX/UIJ.Ty 5a If the BUYER Is not satisfied with the results of such inspection, this Agreement may be terminated without legal or equitable recourse to either party by the BUYER at his election, the parties thereby releasing each other from all liability under this Agreement, and the deposit shall be returned to the BUYER, provided, however, that the BUYER shall have notified the SELLER and Broker(s), in writing, on or before the expiration date herein specified of his intention to so terminate; failure to so notify will not excuse the BUYERIfrom performance hereunder. In the event the BUYER does not elect to have such Inspection or to so terminate within ten(10)days the SELLER and the Broker(s)are hereby released from liability relating to defects in the premises which the BUYER or BUYER's F consultant(s) could reasonably have been expected to discover. *following SELLER's written notice to BUYER that the right side unit has been vacated. 29 WARRANTIES The BUYER acknowledges that he has not relied upon any warranties or representations not incorporated AND in this Agreement,except for the following additional warranties and representations,if any, made by either *r - REPRESENTATION the SELLER or the Broker: ;. ACKNOWLEDGE- None �4 (If none, state "none"; if any listed, indicate by whonr the warranty or representation was made.) 30 ADDITIONAL ,w,,lafi'ROVISIONS SEE ADDENDUM A ATTACHED HERETO AND MADE A PART HEREOF. Tek �!��", `gas• I,-' < /�RBQK. E%flIBIT: I� 502.47-13 0� 110.00 .00 i .00 W iUBGVY/S/ON + m :k d h LOT Ate' /0399 S.P. //,399 S.F. 0 s oy � 5 4s�� Ni MO i C/MMI L/NC lfMGf N ry� O © O 0 © ® 9TT VG BQARO �J � dr�1 'FA� Cr ry EX/STING R4tle~w;- lk r � c6? o � s r y g DWELLING to.N ••aT Z � � � E / /NG a LKYEL.L/NG '/ple��✓ M 79%a 1L J PORc�v l /IO'czwrmo-Ma4c) GREEN STREET 101102-47- ,9W I 62/x_ , iN LLtt ADDENDUM A A. SUBDIVISION ''v MFS p This Agreement is specifically contingentl upon SELLER at their sole cost and expense obtaining Subdivision Approval from the � x Salem Planning Board and any related zoning relief from the Salem Zoning Board of Appeals in order to subdivide the land and buildings at 29-29h Green Street. B. SEAWALL BUYER acknowledges that SELLER makes no warranty or represen- tation as to: ( 1) the condition of the seawall which is a part of the premises, (2) whether any license or permit from any governmental authority is required or Ihas been issued in connection with said seawall, and (3) whether any portion of q� the premises is within a flood hazard area as the same may be defined for insurance purposes. SELLER and Brokers are hereby released from any liability relative to defects or licensing matters related to said seawall, and/or flood hazard matters related to the premises. iM1e f.Sr •R�p. w� { t I . EXTENSION FOR FINANCING The time for financing of the foregoing agreement is extended until_o'clock_.M. on the_day of 19_ , time still being of the essence of this agreement as extended. This extension is intended to take effect as a sealed instrument. Buyer - Date Seller Dale Buyer i Date Seller Date EXTENSION FOR PERFORMANCE The time for performance of the foregoing agreement is extended until o'clock_.M. on the_day of 19 time still being of the essence of this agreement as extended. This extension is intended to take effect as a sealed instrument. Buyer Dale Seller Dale Buyer fate Seller Dale. INSTRUCTIONS IN GENERAL (These Instructions are suggestiont only. Consult your ATTORNEY for particulars and details.) 1. Any lists or schedules to be attached should be properly Incorporated by reference and initialed by all parties concerned. 2. This agreement, in its printed form, may not be suitable for use by trustees or other fiduciaries unless amended. 3. Each party should bring his agreement with him when passing title. INSTRUCTIONS TO SELLER After this agreement has been executed by all parties, arrange for drawing the deed. Bring at the appointed time to the place designated for completing the transaction: 1. The deed signed by all SELLERS, properly acknowledged before a Notary, and If registered land, the owner's Certificate of Title. 2. A list of tenants and lessees,with a statement of amount of rents,deposits with any Interest due,and the dates to which the rents are paid. 3. All leases on the premises and tenancy at will agreements; also all Permits you have for the use of the premises. 4. RBIs for taxes for the current year, whether receipted or not. S. Water bilis for the current period. 6. Guarantees for roof, sidewalis, plumbing or other fixtures. 7. Smoke Detector Certificate. INSTRUCTIONS TO BUYER If you are obtaining a mortgage, all BUYERS signatures shall be required and all BUYERS should be present at time of passing title. Bring at the appointed time to the place designated for completing the transaction: 1. A certified or Bank's Check drawn payable to you in an amount equal to the amount of payment to be made at time of passing title. 2. Insurance policy as required by lending institution. 3. Sufficient additional cash to pay for apportionment of rents,taxes,water charges,Insurance premiums,'atiorn 's bill lot lata recording fees and other adjustments. p p $ It is customary for the BUYRR to nav rnr dreWts Page No. f of ipages. _' r NORTH SHORE (MARINE PROPOSAL NUMBER: 347 INCORPORATED 1 Jefferson Avenue ' PROPOSAL L SALEM, MA 01970 TEL (978) 745-8062 FAX (978) 744.5809. . TO CITY OF SALEM/PUBLIC PROPERTIES PHONE 978-745-9595 DA3/1/2005 C/o Building Dept. Thomas&Pierre JOB NAME/LOCATION City Hail REPAIR COLLAPSED SEAWALL SALEM, MA 01970 LOCATION: MESSERVY& GREEN STS FfLX Cl 174b -Q#I?Aq J13�BER J NONE We hereby submit specifications and estimates for: > PROPOSAL TO REPAIR COLLAPSED SEAWALL AT MESSERVY AND GREEN STREETS. REBUILD 30' X 12'SECTION OF GRANITE SEAWALL, REMOVE AND DISPOSE OF ALL ASPHALT IN TAILED AREA. RETRIEVE m ALL GRANITE FOR REUSE. CLEAN AND RETURN BEACH AREA TO CONDITION PREVIOUS TO COLLAPSE. REMOVE APPROXIMATELY 50 SO.FT. OF WALL ON SOUTH SIDE THAT HAS FAILED AND IN DANGER OF COLLAPSE REMOVE 2 SMALL TREES IN THIS AREA THAT CONTRIBUTED TO FAILURE. RECONSTRUCT WALL.UTILIZING EXISTING GRANITE. CHINK AND PIN EACH COURSE, .FILTER FABRIC IMMEDIATELY BEHIND THE WALL AND BACK FILL WITH CRUSHED STONE TO ALLOW FOR DRAINAGE. REPLACE EXISTING CHAIN LINK FENCE. ENGINEERING AND TECHNICAL DRAWINGS PROVIDED BY HOBBS ENDEAVOR CORP.. MATERIALS, LABOR, EQUIPMENT AND ENGINEERING......................................... $ 33,450. s Thirty Thrde TI10USa�nr FoU ®fid eti Yeby toSft�gid t�[9ria and llaaabor—complete in accordance with the above specifications,.for t Te3s4 6'00 r(Y Q CJI IUU IJ dollars($ i ). Payment to be made as follows: ), ' `- i J a METHOD OF PAYMENT TO BE DETERMINED TU'N ACCEPTANCE OF PROPOSAL. i All material is guaranteed ar be as specified: Ail e work to be completed m a professional /z�.J U manner accDrtling to standard.practices. Any alteration or deviation from above sorick Authorized f/ tions involving.extra costs will be executed only upon written orders and will become an Signature extra charge over and above the estimate. All agreements contingent upon strikes,accidents or delays beyond our control. Owner to carry fire,tomado,and other necessary insurance.Our Note:This proposaf{navt / workers are Cully coveretl by Worker's Compensation Insurance. withdrawn by'us if not acc�ep[etl within 30 days. y1 ����]p1Iffi]II�Qd ®Q II'1P®]Q)®�`1ffiIlThe above prices, specifications lrr�. /�,,,i'(J l and conditions are satisfactory and are hereby accepted. You are authorized Signature �A- -5. tt! to do the work as specified. Payment will be made as outlined above. Signature ` Date of Acceptance: JT i Page No. of 'Pages. f v , l NORTH SHORE, MARINE PROPOSALNUMBER: .3a' 1 ' INCORPORATED 1 Jefferson Avenue SALEM, MA 01970 PROPOSAL TEL (978) 745.8062. FAX (978) 744-5809 CITY OF SALEM/PUBLIC PROPERTIES PHONE bnr 978-745-95595 311/X-05 TO C/o Building Dept - Thomas St.Pierre JOB NAME/LOCATION City Hall REPAIR COLLAPSED SEAWALL SALEM, MA 01970 LOCATION: MESSERVY& GREEN STS TZLIX q!79`140 4 JO1 VEER J NONE7 We hereby submit specifications and estimates for: �J PROPOSAL TO REPAIR COLLAPSED SEAWALL AT MESSERVY AND GREEN STREETS: REBUILD 30' X 12' SECTION OF GRANITE SEAWALL, REMOVE AND DISPOSE OF ALL ASPHALT IN FAILED AREA. RETRIEVE ALL GRANITE FOR REUSE. CLEAN AND RETURN BEACH AREA TO CONDITION PREVIOUS TO COLLAPSE. REMOVE APPROXIMATELY 50 SQ.FT OF WALL ON SOUTH SIDE THAT HAS FAILED AND IN DANGER OF COLI-APSE REMOVE 2 SMALL TREES IN THIS AREA THAT CONTRIBUTED TO FAILURE. RECONSTRUCT WALL UTILIZING EXISTING GRANITE. CHINK AND PIN EACH COURSE. FILTER FABRIC IMMEDIATELY BEHIND THE WALL AND BACK FILL WITH CRUSHED STONE TO ALLOW FOR DRAINAGE. REPLACE EXISTING CHAIN LINK FENCE. ENGINEERING AND TECHNICAL DRAWINGS PROVIDED BY HOBBS ENDEAVOR CORP., MATERIALS, LABOR, EQUIPMENT AND ENGINEERING _.... .............. ....... .. . .... $ 33,450 d �p S1}� ffifa �d"I u'R®g�rec� y`anU'IUU�UU I_UUIIalabor— s or—complete in accordance with the above specifications,fort fle3sypyf� ThirtY.,TI�rBe Thcusan our un � i 4 U dollars is ) Payment it be matle as follows: METHOD OF PAYMENT TO BE DETERMINED ON ACCEPTANCE OF PROPOSAL. --— 'Ali material is guaranteed to tie,as specified. All work to be completed in a professional manner according to standard pracimes Any alteration or deviation from abovespecitica. Authorized tions involwng,extra costs will be executed only upon written orders, and will become an Signature extrs charge.over and above.die estimate. At agreements contingent upon strikes,accidents or delays beyond our control: Owner to,carry tire,,remade,and other necessary insurance.Our Note:This proposal maybe wokers are fully covered by Worker's Compensation Insurance. withdrawn by us if not acc ed within 30 days. .AQ°aslAamas vT Rnipmold —The above prices, specifications .qtr y���"�� and conditions are satisfactory and are hereby accepted. You are authorized Signature `� 'r rZ to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature I( } Page Not of tPages. t r E:. NORTH SHORE, MARINE pftnpgSAl. NUMBER: .34, INCORPORATED , 1 Jefferson SALEM, MA Avenue1970 PROPOSAL TEL (978) 745-8062. FAX (978) 7445809 PHONE DATE CITY OF SALEM/PUBLIC PROPERTIES 978-745-9595 3/1/2005 To C/o Building Dept. - Thomas StPierre JOB NAME 7LOCATION City Hail REPAIR COLLAPSED SEAWALL SALEM, MA 01970 LOCATION. MESSERVY R GREEN STS tt JO?r{(3UJ 8ER JO,B�KQ We hereby submit specifications and estimates for: IV IV - PROPOSAL TO REPAIR COLLAPSED SEAWALL AT MESSERV'Y AND GREEN STREETS. REBUILD 30' X 12SECTION OF GRANITE SEAWALL, REMOVE AND DISPOSE OF ALL ASPHALT IN FAILED AREA. RETRIEVE ALL GRANITE FOR REUSE. CLEAN AND RETURN BEACH AREA TO CONDITION PREVIOUS TO COLLAPSE. REMOVE APPROXIMATELY 50 SOFT OF WALL ON SOUTH SIDE THAT HAS FAILED AND IN DANGER OF COLLAPSE REMOVE: 2 SMALL TREES IN THIS AREA THAT CONTRIBUTED TO FAILURE. RECONSTRUCT WALL UTILI71NG EXISTING GRANITE. CHINK AND PIN EACH COURSE. FILTER FABRIC IMMEDIATELY BEHIND THE WALL AND BACK FILL WITH CRUSHED STONE TO ALLOW FOR DRAINAGE. REPLACE EXISTING CHAIN UNI(FENCE. ENGINEERING AND TECHNICAL DRAWINGS PROVIDED BY HOBBS ENDEAVOR CORP.. MATERIALS, LABOR, EQUIPMENT AND ENGINEERING........ __ .............. .... $ 33,450. s TP ®LS h to fur i t a d labor—complete in accordance with the above specifications,fort e s � h Thidy.,T,kffre Thousanc?F-aur Ntun rrer 1r an � 1 oars �33,�.P600 _ dollars is 1 Payment to be made"follows: -. METHOD OF PAYMENT TO BE DETERMINED CCN ACCEPTANCE ' F PROPOSAL. Lf erial is guaranteed to be as specified. All work to be.completed in a professional ! / 1 according to standard,practices. Any alteration or deviation from above'specifica Authorized volwng„ezira costa will be executed only upon warren orders, and will pecome an Synature ' ` ' C7 ile over end above the estimate. All agreements contingent upon strikes,accidents or '✓ beyond our control Owner to.tarty fire,.tomado,and other necessary insurance.Our Note:This proposal jnayte 3(� are fully covered by Worker's Compensation Insurance. ithdrawn by us if not act edithin days. e3 ffiTm�� ®IT II'impoB91a —The above prices, specificationsnditions are satisfactory and are hereby accepted. You are authorized Signaturehe work as specified. Payme9nt will be made as outlined above. " �f ,�•; - Signature f Acceptance: � - RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON GEORGE W ATKINS,III PAIGE K.HINTLIAN TEL(970)744-0350 FAX(978)744-7493 FILE NO OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER March 4, 2005 Thomas St. Pierre Building Inspector City of Salem 120 Washington Street Salem, MA 01970 Re: 29 % Green Street, Salem Dear Mr. St. Pierre: For your records and those of the departments copied below, this letter is in response to your Department's correspondence dated February 17, 2005 to my client Frederick J. Atkins, Trustee of Frederick J. Atkins Trust and our conference on February 22, 2005. As indicated in our conference, Frederick J. Atkins, Trustee of the Frederick J. Atkins Trust is not the owner of 29 1/2 Green Street or the seawall appurtenant to that property. In support thereof the following documents were submitted to you: 1. Copy of Salem Assessor's map showing Map 33, Parcel 0750 owned by the Trust but not including the seawall or the collapsed portion. 2. Copy of a deed from the Trust to the current owner of 29 1/2 Green Street dated January 5, 1996 and including conveyance of"all rights to the grantor, if any, in and to all flats and tide water adjoining or appurtenant to the granted premises" 3. Copy of the Purchase and Sale Agreement in connection with the 1996 conveyance by which the current owner acknowledged that seller made no warranty regarding the seawall and the current owner released the seller from "any liability relative to defects" related to the seawall. 4. Copy of the prior deed to the premises, describing land or flats of the City of Salem to the South and East of 29 1/2 Green Street. 5. Copy of Massachusetts General Laws Chapter 183 Sections 15 and 58 regarding conveyances of appurtenant rights and abutting walls and water courses. Please add this letter to your file with regard to this matter and each of the copied departments is requested to do the same. Copies of any of the documents referenced above will be forwarded upon request. ery try eat rge W. Atkins III GWA/mdj cc: Frank Taormina, Salem Conservation Commission Mayor Stanley Usovicz Peter Gifford, Harbormaster Councilor Matthew Veno FROM :NORTH SHORE MARINE INC FAX NO. :9787778103 Mar. 01 2005 01:32PM P1 a ' I i FAX COVER SHEET NORTH SHORE MARINE, INC. 1 JEFFERSON AVE. -SALEM, MA 01970 E 878-745-8082 (tei j t 978.777-8103 (FAX) ( Send to: � From. Attention: Date: SY Woo location: Office location: Fax number. Phone number: I ❑ urgent o Reply ASAP �� Please commentleets review 1�information Total pages, including cover. Comments: 40 ,T, I rfii7l� ` ' Ov f •-fir I s FROM :NORTH SHORE MARINE INC FAX NO. :9787778103 Mar. 01 2005 01:32PM P2 Page N. of tpsgea. NORTH SHORE MARINE PROPOSAL NUIll 947 INCORPORATED 1 Jefferson Avenue PROPOSAL SALEM, MA 01970 TEL (978) 745-8062 FAX (978) 744.3009 CITY OF SALEM/PUBLIC PROPERTIES I PHONE DATE TO 878-745-9595 9/1/2005 Go Building Dept - Thomas SLPierre JOB NAME/LOCATIpN City Hou REPAIR COLLAPSED SEAWALL SALEM, MA 01970 LOCATION: MESSERVY&GREEN STS. b - e JparytlbteEP Jima a We hereby submit specifications and estimates for- PROPOSAL N(JIVt PROPOSAL TO REPAIR COLLAPSED SEAWALL AT MESSERVY AND GREEN STREETS, REBUILD 39 X 17 SECTION OF GRANrrE SEAWALL. REMOVE AND DISPOSE OF ALL ASPHALT IN FAILED AREA. RETRIEVE . . ALL GRANITE FOR REUSE. CLEAN AND.RETURN BEACH AREA TO CONDITION PREVIOUS TO COLLAPSE. REMOVE APPROXIMATELY 50 SQ.FT. OF WALL ON SOUTH SIDE THAT HAS FAILED AND IN DANGER OF COLLAPSE REMOVE 2 SMALL TREES IN THIS AREA THAT CONTRIBUTED TO FAILURE. RECONSTRUCT WALL UTILIZING EXISTING GRANITE_ CHINK AND PIN EACH COURSE. FILTER FABRIC IMMEDIATELY BEHIND THE WALL.AND BACK FILL WITH CRUSHED STONE TO ALLOW FOR DRAINAGE. REPLACE EXISTING CHAIN LINK FENCE. ENGINEERING AND TECHNICAL DRAWINGS PROVIDED BY HOBBS ENDEAVOR CORP.. MATERIALS, LABOR, EQUIPMENT AND ENGINEERING......................................... $ 33,450. Thirty Three ThOUSaYic?FbA5?r R hilf80 �t!t1'11811C W/IiJC)lal&�tl IAbOr--complete in accordance with the above epecificatione,for thasUC7yf� UO 8,15 dollars(S :'�3 GOV I. F Aymant to be made As follows. METHOD OF PAYMENT TO BE.DETERMINED ON ACCEPTANCE OF PROPOSAL- All ROPOSALAli malanal is guaranteed to be as apdoaiod. All wok to be completed in a prefeseiao / manner according to BWridard pnctiocs. Any abereddl or tlevledon from ebova apecifii Aut"aetl band involving extra costa will be eaeou . only upon written order®;and mii became an aign= extra dlarge ever acid obovc me OVtIr to {dl agretlmente Gm nljcm upon snlms,accidents or delays beyond aur mn[roI. Qwnpr ro tarty nre,rommo,erd purer nerossary insurance.qrt 1 [ 7 This.proPosal mays a 30 i worker aro fully covewtl by Worker's D rnpnmfnjm Inadrarlda. wllntlrawn by us if net pccrspted wanln da ys. I {I{II s,��®�QA118�B ®� IPII'tID�IDk9� —The above prices, specifications aid conditions are satlsfactory and.vre hereby accepted. You are authorized . signature to do the work es fooclfled. Payment will be made as outlined above. Blgnature `Once of Acwptanw: L RONAN, SEGAL & HAMNGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON GEORGE W.ATKINS, If PAIGE K.HINTLIAN TEL(978)744-0350 FAX(978)744-7493 FILE N0. OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER March 4, 2005 Thomas St. Pierre Building Inspector City of Salem 120 Washington Street Salem, MA 01970 Re: 29 % Green Street, Salem Dear Mr. St. Pierre: For your records and those of the departments copied below, this letter is in response to your Department's correspondence dated February 17, 2005 to my client Frederick J. Atkins, Trustee of Frederick J. Atkins Trust and our conference on February 22, 2005. As indicated in our conference, Frederick J. Atkins, Trustee of the Frederick J. Atkins Trust is not the owner of 29 1/2 Green Street or the seawall appurtenant to that property. In support thereof the following documents were submitted to you: 1. Copy of Salem Assessor's map showing Map 33, Parcel 0750 owned by the Trust but not including the seawall or the collapsed portion. 2. Copy of a deed from the Trust to the current owner of 29 '/2 Green Street dated January 5, 1996 and including conveyance of"all rights to the grantor, if any, in and to all flats and tide water adjoining or appurtenant to the granted premises" 3. Copy of the Purchase and Sale Agreement in connection with the 1996 conveyance by which the current owner acknowledged that seller made no warranty regarding the seawall and the current owner released the seller from "any liability relative to defects" related to the seawall. 4. Copy of the prior deed to the premises, describing land or flats of the City of Salem to the South and East of 29 1/2 Green Street. 5. Copy of Massachusetts General Laws Chapter 183 Sections 15 and 58 regarding conveyances of appurtenant rights and abutting walls and water courses. Please add this letter to your file with regard to this matter and each of the copied departments is requested to do the same. Copies of any of the documents referenced above will be forwarded upon request. dirge ry W. Atkins III GWA/mdj cc: Frank Taormina, Salem Conservation Commission Mayor Stanley Usovicz Peter Gifford, Harbormaster Councilor Matthew Veno