•engiiwars • archXacts 0€ST Associates, Inc. •surveyors ^•1*^ . constnjction manageis 343 Gorham Road South Portland, ME 04106-2317 • TEL (207) 761 -1770 FAX (207) 774-1246 E-mail: [email protected] • Web Site; www.oest.com Ir, -. 259.01.03 :^~^J'.D RECORDS CTR
TO: R.F. Weston, Inc. Federal Programs Division Burlington, Massachusetts
FROM: Jerome B. Watts, P.L.S. SDMS DocID 4608 DATE: January 20,1998
SUBJECT: Addendum to Surveyor's Report dated May 5,1997 Eastem Surplus Superfund Site Meddybemps, Maine
This addendum is intended to address the title opinion of Mr. Peter G. Rich, Esquire, of Portland, Maine, dated December 12, 1997 and clarify any concems written in a document by or for R.F. Weston under Task 1.5: Procurement of Additional Survey Work.
^i**' ITEM 1 — RF.CORD OWNER
According to title opinion, Harry J. Smith, Jr. owns all land west of Denny's River, north ofthe old Route 191, east ofthe Lord's and south of Meddybemps Lake and the State of Maine. Harry J. Smith, Sr. appealed a notice of condemnation in 1966 and won a judgement in Superior Court Docket 1716 that the taking was to be voided. No record was found in the registry to substantiate the court case. See plan update enclosed and Book 1003, Page 228, Book 2132, Page 45.
According to title opinion, Harry J. Smith, Jr. owns two-thirds interest and Dawn K. Smith owns one-third interest in all land east ofthe Denny's River, north ofthe old Route 191, west ofthe Orchard's, south ofthe Meddybemps Lake and State of Maine. Harry J. Smith, Sr. appealed a notice of condemnation in 1966 and won a judgement in Superior Court Docket 1716 that the taking was to be voided. No record was found in the registry to substantiate the court case. See plan update enclosed Book 1003, Page 228, Boox 2132, Page 45, Book 2132, Page 138.
ITEM 2—ROA D RIGHT-OF-WAY
After further review with the Maine Department of Transportation records, we have concluded that the new right-of-way was never formally taken from the abutters. We also find the bridge was built in 1941 and they never formally abandoned the old highway to revert it back to the abuttors. We feel that Harry J. Smith, Jr. and Dawn K. Smith own to the location of the old highway (northerly ^.B*... sideline) and may have rights to the northerly half of this portion ofthe old road. It appears that the jr ? ' J-- R.F. Weston, Inc. January 20,1998 Page 2
abuttors to the south, that the new bridge was built on, may have rights to the southerly half of this old road. See letterfrom the State of Maine and plan update enclosed.
ITEM 3 — STATE OF MAINE PARCEL
According to title opinion, the State of Maine owns a large portion ofthe original Harry J. Smith, Sr.'s parcel. OEST originally did not define this lot because ofthe condenmation. Since the court nullified the condemnation, the conveyance to the State of Maine as described in Book 736, Page 157 is valid. See plan update enclosed.
The following are clarifications of comments made by others with regards to my survey report and is attached with lettered assignments as follows:
ITEM 4—TASK 1.5 - PROCUREMENT OF ADDITIONAL SURVEY WORK CLARIFICATION
A. The property lines as shown on pla arne correctly drawn. The OEST plan is based on a grid \^ north bearing system (within 00°-48'-00" of true north). The bearings given in Book 469, Page 210 are referenced to magnetic north. Depending on accuracies of equipment used and local magnetic attractions in the original siurey, the bearings could differ by 15 to 20 degrees. Declination is to the west, hence, a bearing course of N 18° E, would translate to N 0° E for true or grid north (±). See north arrow orientation on plan. The formula used to change course would be 180°-00'-00" and not 90°-00'-00", as stated in your report.
B. OEST Associates did utilize the old bridge/dam location on the survey. We have added a tie line on the plan to clarify our intent ofthe course N 75 ° E/109 feet was held. Since the old Highway 191 was never fully abandoned (see Item 2 above) the course of S 6° W/164 feet had to be shortened in distance to meet the old road and not the new location. See plan for tie line.
C. Plan reference to a "Prentis & Carlisle" survey done in 1951 was not available to OEST Associates. However, the 1961 plan for Charles Spaulding by surveyor Kenison shows the line created by Prentis & Carlisle. See plan reference A-2 of previous report.
D. Route 191 bridge was built in 1940-41 as stated in the Department of Transportation letter enclosed. We reviewed documents in the registry and found no acquisition of land for the new location, hence our survey has been revised to show ownership to the old right-of-way, with possible rights to the northerly half of this section. See our plan as revised.
E. Campbell Road or Drive is located on our plan correctly. Campbell merely extended his driveway along the old road to meet the new road location. R.F. Weston, Inc. January 20,1998 Page 3
F. Route 191 bridge was built in 1940-41 as stated in attached letter.
G. OEST has revised its plan to reflect conveyances after the Superior Court docket 1716, stating the condemnation was voided.
H. Topographic pla C-10n 1 is enclosed with this report. >
In closing, I have reviewed this project with the title attomey and find it to be complete for this phase. Should you have any further questions or concems with this project, please do not hesitate to call.
Respectfully submitted, OESarSisociates, Inc.
Tome B. Watts, PLS
JBW:lag Enclosures A:\0t20ADDJBW 5oc»l003 m 228 G1038 ABSTRACT OF THE WILL OF
...HARRX..J..._SMITH,..SR.,...LAIE...OE. MEDDYBEMPS ...DECEASED.. STATE OF MAINE
WASHINGTON, ti. PROBATE OFFICE
Michiu, February.29., juD. ii7.8 ..THELM&...L....GRANX.,.. . lUilstw tt th* r>«b«t« Cmrt la u4 for said Ceantr, htitbr etrtify that . tlM lut wm ud Tntamtat _. ..Harryj:.^..5nlth,..Ss._ l»t« of ...Me.ddybenip* ...1 In MM Cnnty, dcctastd, ««• pnrti, approTtd lad tDor*!
br th* i\tis* of Prohoto for uM Cosatj ..of_Hashlngtoa.. •t a Co«rt h«U al UochiM «• tho twenty-eighth. i'tf of... .iFebruary^. that tho fonowint It a troo cop/ of M mnch of uJd Wm u dorlooi Ilool V. EitaU la tho Cooaty' ; ^Oj!.Jfasillngt.Qa._ . tfortuU 'FIRST I give, devise and bequeath all my right, title and interest In and to any of the assets of the partnership that I have been running with tny son, Harry J. Smith, Jr.', known as Eastem Surplus Company, to my said son, Harry J. Smith, Jr. of said Meddybemps. SECOND; I have in mind my children, Harley J. Smith of Dover, New Hampshire, Patricia McBrlde of Derby, Vermont, Beulah Lurvey of St. Fetersbtirg, Florida and Marie Parrott of the State of Arkansas. •. THIRD; All the rest, residue and remainder of my estate, real, personal and mixed, of every name and nature, wherever fo\ind or situate that I now own or possess or may own or possess at the tine of my decease, I give, devise and bequeath as
V.-, followa: *' J«»lC03 ttC£ 229 a. A 1/3 part thereof, 1 give,- devise and bequeath to my wife, Charlotte E. Smith of said Meddybemps, If she stirvlves me by cwo weeks. b. A 2/3 part thereof and the 1/3 part thereof herein de> vised, should my said wife not so survive me, to my said son, Harry J. Smith, Jr., to have and to hold to him and his heirs and assigns forever.
FOURTH; I nominate and appoint my said son, Harry J. Smith, Jr., to be the Executor of this Will t authorize my said Ex •1 'J I ecutor to do any and all things which in his opinion are necessary to Ml- coaplete the administration and settlement of my estate, including full right, power and authority, without the order of any court and upon such terms and under such conditions as to my said Executor m, shall seem best for the proper settlement of my estate, to bargain, sell at public or private sale, convey, transfer, deed, mortgage, lease, exchange, pledge, manage and deal with any and all property belonging to my estate, to compromise, settle, adjust, release and discharge any and all obligations- or claims In favor of or against my estate, and to borrow money for the payment of Inheritance and estate taxes or for any other purpose. Without in any way limiting 1 the scope of the powers eniaaerated herein of my Executor, I hereby i specifically give him full power to retain any and all securities or property owned by me at the time of my decease whenever. In his absolute and uncontrolled discretion, such a course shall deem to him to be best, without liability for depreciation or loss and free from investment restrictions Incident to trusteeship or executorship whether imposed by conxcon law or statute. In the execution of said duties and powers, said Executor shall have the power to comply with
•v,^ . I I al l legal requirements as to the execution and delivery of deeds and ^all other writings, docxments or formalities without the order of g any court. CO O O
^«'
\ Wilruis MT itmd snJ lit Sul nf lit PniMt Cnt fnr uU Omuj •/ WetUtff— tit itj nmi jtm frtt nltm mmm.
...sjiu.ZKA ^ < Xtffttir. % ^ "s^"^ Received March 13, 1978 at 3b SOm PH
.;<».•, 14;<^04 QUITCLAIM DEED WITH COVENANT
CHARLOTTE P. SMITH, also Itnown t a CHARLOTTE E. SHITH of Meddybemps, Washington County, Maine,
for consideration paid as ro % grants to HARRY J. SMITH, JR., whose mailing address Is PO Box 271, Calais, Maine 04619, CJ ro with quttelala covanant -n Cl All my right, title, and interest in and to any real estate in CD Meddybemps, Washington County, Maine, which I may have acquired in J T my individual name, or pursuanc co a Will of Harry J. Smich, Jr., cn deceased testate, an Abstract of which is recorded in Volume 1003, Page 228 of the Washington County Registry of Deeds and the Election Against That will dated March 31, 19T8, and recorded in Volume 1008, Page 93 of the Washington Councy Registry of Deeds specifically including, without limiting the foregoing, all of my right, title, and interest in and to any real estate in Meddybemps situated westerly of the Dennys River.
EXCEPTING, however, all that portion of my real estate in Meddybemps, Washington County, Maine, as conveyed In a Quitclaim Deed with Covenant to Dawn K. Smith of recent date herewith in which deed said real estate is described as follows:
Bounded on the North by Meddybemps Lake; On the East by land now or formerly of Lewis Campbell; South by State Route 191; and West by Dennys River.
It is the expressed Intention of che Grantor herein to convey Co the Grantee aforesaid all rights, easements, privileges, and appurtenances belonging to the granted estate.
IN WITNESS WHEREOF, I Che said CHARLOTTE P. SHITH, also known ua CHARLOTTE E. SHITH, being a widow and unremarried, have hereunto set my hand and seal thia A\ day of December, 1996. J'^i^ ^
^^^.< ^ Smith
STATE OF MAINE DECEMBER ^i^ \ , 1996 Washington, ss. Then personally appeared the above named CHARLOTTE P. SHITH and acknowledged Cha foregoing Instrument to be her free act and deod.
Before me.
Notary Public ^^/ SEAL Printed name of NotacytuDllc d.smith.1 J<».
irr.VTE OF MAIN'S H.\.S:itN<;TON 00. lte'Oi:fniY OF DEEDS MO.AI1. n. LOOMAJV B..voa DEC 2 3 1996 •I-i _ H Jfji M _£_ M iwwxlod in lioiilc p«^ ^____ AllMl: t
I.' RegUlor ^SaJi'
l^lk.'i? QUITCLAIM DEED WITH COVENANT
CHARLOTTE P. SMITH, alao known aa CHARLOTTE E. SMITH of Meddybemps, Washington County, Maine,
for consideration paid
grants to DAWN K. SHITH whose raaLUnq addctss is PO Box 1262, Calais, Maine 04619, granddaughter ot the Grantor herein,
with quitclaia cov«nant
All my right, title, and interest in and to a certain lot or parcel of l.-ind, with the buildings thereon, situated in Meddybemps, Washington County, State of Maine, and bounded and described as follows:
Bounded on the North by Medd'/bemps Lake;
On the East by land now or formerly of Lewis Campbell;
South by State Route 191; and
"Tl West by Dennys River
For Grantor's source of title, reference may be had to the Will of Harry J. Smith, Jr., deceased testate, an Abstract of which is recorded in Volume 1003, Paga 228 of the Washington Councy Reglscry of Deeds, and the Election Against That Will dated Harch 31, 19-Je, and recorded in Volume 1008, Page 93 of tha Washington County 0. Registry of Deeds.
It is the expressed intention of the Grantor herein to convey to the Grantee aforesaid all rights, easements, privileges, and appurtenances belonging to the granted estate.
« IN WITNESS WHEREOF, I the said CHARLOTTE P. SHITH, also known as CHARLOTTE E. SMITH, belng-J widow and unremarried, have hereunto set my hand and seal this \^ day of December, 1996. 7^
CharlcJtte P. Smith
STATE OF HAINE DECEMBER J^. 11996 Washington, ss.
Then personally appeared the above named CHARLOTTE P. SMITH and acknowledged the foregoing instrument to be her free act and deed.
Before me. ^nu\^^ •'y-i Notary Public
Printed name of NotarV Public d.smith.1 EDWAnni.HEMKr'iJtvn,-'.«rv.Jft. . STATE OP MAira WA3HIN0T0N 00. KBOIOTXy OF DBEOe K« ^ _DEC241996___ SEAL MVXACL R. LCONAfO •t_i_H^ZiaM_JLM recorded loDook _Pa«e . ^^i M cKNTvn rn«crr Atteet:
Recioter
•n TV
Phone: (207)287-2747 Bridge Maintenance Division SlaiB Of Maine Fax: (207) 623-2526 16 State House Station Maine Depaimieniofl Augusta, Maine 04333
September 12,1997 Mr. Jerry Watts Oest Associates 343 Gorham Road South Portland, Maine 04106-2317 .J •
Meddybemps, Meddybemps Bridge # 3736 • , i^iC
Dear Mr. Watts,
Enclosed is the requested copy of the bridge layout plan as you requested. The bridge was built imder the Bridge Act using State Forces (Force Account Project) beginning in late 1940 and completed in 1941. We do have some photo records of this site that start in 1924. The approach roadway to this bridge washed out in 1960 when the dam failed, but did not effect the bridge. I have also enclosed some correspondence that may be of interest to you. The correspondence hidicates that the Municipality was responsible for acquiring the right of way for this project, but I did not find anytime to confirm this. Acquisition by others would explain the lack of information in our R/W section.
Sincerely,
Gary L. Hoar, Asst. Br. Maint. Engr. GLH cc: r\o MED 08:42 AM RFW REGION 1 START FAX NO. 16172723619 P. 03
The contractor shall ensure that the title search accurately reflects the outcome of all legal disputes regarding the referenced properties and shall identify any outstanding claims against the properties. The contractor shall arrange a meeting with the EPA to discuss the implementation of the title search following selection of a subcontractor. Follov«ng are cominents regarding the initial survey and property search that shall be addressed by the new report.
/ Comments regartRng mitialtitle search:
The western border of the properly in question may not have been drawn in the proper location in the Survey. It may not correspond to the following description ofthe westem border beginning at a maple tree on the west side ofthe Outlet of Meddybemps Lake in the deed from Deed River Compare to Harry J. Smith dated 8/15/46, Book 469, Page 210: "...thence running south 71 degrees fifteen minutes west 498Jeet: thenc±south 30 degrees 45 minutes west 126 feet; thence south 6 degrees west to the main highway running through Meddybemps Village 164 feet.... " Jn the Survey, the 498 feet segment was listed with the direction ofM49V3 '04 "E; the 126 feet segment, N08''42 '04 "E; and the 164 feet segment (163.77'J; N16%1 '56 "W. Translating the deed's descriptions to the Survey's manner of directions should yield the following results instead: 498 feet segment. N18'45'E: 126feel segment. N59''15'E: and 164 feet segment. N84''E' Plotting the westem borders with these directions would result in moving the western border closer to the chain link fence and may increase the land area df the property in question.
As further indication that the westem border may have been drawn further east than it should have been, it should be noted that the old bridge (ofthe old state higfrwqy 19 J) was northwest ofthe new bridge. The survey may have relied on the plan entitled "Harry Smith Property - Meddybemps, Maine " dated 8/1/66 and recorikd in Volume 642 Page 320 along with the State of Maine's Order of Taking recorded in Volume 642 Page 317. In this pian, the State of Maine may have drawn the 109 feet segment N75''E to the center of new bridge ofthe new Route 191, rather than the old bridge. In contrast, in the plan entitled "Plan of Land-Meddybemps. Maine "for Charles Spaulding dated 9/61 and JO/61, the 109 feet segment was drawn to the location ofthe old bridge ofthe old highway, instead ofthe new highway which was also indicated in the plan'
^The formula that J used was 90 degrees minus the degrees stated in the deed since the orientation has been switched from south-west to north-east. It is unclear how the Surveyor ascertained the directions ofthe westem border's segments.
^On page five of the Report, in the discussion of the "now or formerly Lord" abuttor, the Surveyor concluded that "the old bridge.^dam holds for location. " However. theSurvey does not appear to have used the old bridge ofthe old highway. Note also that this section ofthe Report refers to the work of Smith s surveyor "Prentiss & Carlisle " in 1951. It seems, however, that this 195J survey.'plan has not been included in this Report. ^ ^
^ 0 ,-> i-AU kin lO17O70'3R1Q P OR ftjf-Ql WED 08:43 AM RFW REGION 1 START FAX NO. 16172723619 P. 04
r
The southem border may also have been misplaced It appears that the Survey's southem border may have been drawn to conform with the plan entitled "Mam State Highway Commission Right of Way Plan - State Aid Highway No. I - Meddybemps- Washington county-Across Land of Lombard arui Bridges" dated 2/41. However, this plan has only demarcated right-of-ways—there is no deed or recorded document showing that the right-of-ways delineate the borders ofpropert y conveyed to the State rather than a mere easement or the like. Further, this 1941 highway plan shows the old state highways along with the right-of-way "path "for the new highway. The Surveyor assumed that the new highway was built in 1941; however, the 1941 highway plan may have merely decided where the new highway was to go. The new highway may have been built later and may not have been built at the time ofthe 1946 conveyance of the property in question to Harry Smith (and therefore, the old highway was used as a reference point). ^
With respect to the Surveyor's discussion ofthe "now or formerly Orchard" abuttor on page 4 ofthe Report, the location ofthe so-called Campbell Road may not be as clear as indicated According to the Surveyor, 'Campbell Road or Drive has not moved and it actually is part ofthe old Route 191 prior to February 1941." Again, the Surveyor assumed that the State of Maine's 1941 highway right-of-way plan meant that the new highway was constructed in 1941 (which may not have been the case). Also, it is not apparent what the basis is for the Surveyor's conclusion that Campbell Road is part of the old Route 191.
Another scenario is that, in the two deeds setting out the property in question's westem border (Book 534, Pages 37 and 38). the new highway had not been build yet and that the identified Highway No. 191 was the old highway. If this in fact is the case, then the eastem border of the property may not have been located properly in the Survey. As noted in the two deeds, the eastem border begins "at Mean Highway No. 191, at the southerly edge ofthe so-called Campbell Road." Under this scenario, Campbell Road would not be the same as the old Route 191. and as such, the eastem border ofthe •property would begin at a different point and may follow a different (hrection. Thus it is important to know when the new Route 191 was built so that we can determine whether the old or new highway was reference in the various title documents.
The two recorded deeds conveying the same portion of the property from Harry J. Smith to the State of Mame (Book 710, Page 183, 1/7/71 and Book 736, Page 157. 11/30/71) do not seem to have been incorporated in the Survey. The Surveyor must have concluded that, because the State of Maine may have taken the whole property by eminent domain on 8/17/66, there was no need to place in the Survey the demarcation of the portion of the property that was conveyed to the State in 1971. However, given the apparently uncertain title chain of ownership, it would be useful to locate this portion ofthe property that may have been conveyed in 1971. cAV vm 1R17579^R19 ^'•06 RFW REGION 1 START FAX NO. 16172723619 P,05
The Survey Report has two attached copies of Drawing No. C-100, "Standard Boundary Survey." This drawing says that it is sheet 1 of 2. In addition, general note ^6 in this drawing says, "For detail of river bank and elevations see Drawing C-IOl." Was this second drawing included withe the Surveyor's Report? ' •— Task 2: Ecological Risk Assessment DeHverables
Task 2.1: Problem Formulation Statement
2.1.1: The contractor will prepare a Problem Formulation Statement as described below.
Definition of "Stressors" The contractor shall identify the primary stressors at the Site. The Ecological Risk Assessment will utilize the summary statistic tables prepared by the remedial investigation contractor to determine thefinal Usi of contaminants of concem.
Ecosystem Potentially at Risk The ecosystem potentially at risk includes Meddybemps Lake, Dennys River, and the associated wetlands and terrestrial habitat.
Selection of Assessment Endpoims Assessment endpoints must be defined in the Ecological Risk Assessment. Assessment endpoints are explicit expressions ofthe actual environmental value that is to be protected. Well-defined assessment endpoints provide clear direction for the risk characterization, promote clear communication of risks, and reduce the uncertainties in the assessment.
Selection of Measuremem Endpoints The definition of measurement endpoints will be derived in the Ecological Risk Assessment. Measurement endpoints are measurable responses to a stressor that are related to the valued characteristics chosen as the assessment endpoints.
Conceptual Model Development The conceptual model will be developed in the Ecological Risk Assessment based upon stressors, ecosystem at risk and assessment and measurement endpoints. The model will tie together the measurement endpoints with the appropriate assessment endpoints. The "weight of evidence" attributes will be used to evaluate the measurement endpoints and their relationship to assessment endpoints.
Each measurement.endpoint will be evaluated using the wdght of evidence attributes to estimate the relative strengths, weaknesses, and uncertainties. This will provide an estimate of how data may be considered during the weighing ofthe lines of evidence during the risk characterization. The Problem Formulation Statement will be revised and resubmitted based on EPA comments.
2.1.2: The contractor shall identify if any additional ecological characterization work may be necessary to complete the Problem Formulation Statement Such additional work may include better identification ofthe ecosystem at risk and assessment endpoints • •nginsers •aichitects 0€ST Associates, Inc. •survayon •construction 343 Gorham Road • South Portland, ME 04106-2317 • TEL (207) 761-1770 • FAX (207) 774-1246 'nan»9«« E- mail: mail9oest.com • Web Site: www.oest.com 259.01.03 January 28, 1998
METHODOLOGY AND SUMMATION REPORT
Location Eastem Surplus Superfimd Site Route 191 Meddybemps—Washington County—Maine
Prepared for
Roy F. Weston, Inc. Federal Programs Division 217 Middlesex Tumpike Burlington, Massachusetts 01803 ATTN: Mr. Tim Jones
Table of Contents
Section A: Summary with Sketch Plans Section B: Coords-Elevs of Monitoring Wells SUMMARY HORIZONTAL AND VERTICAL CONTROL
HQRIZQNTAL CONTROL
Two horizontal control rims were applied to this site. Run 1 was to acquire NAD 83 Maine State Grid Coordination System (East Zone). Original control started at M.D.O.T. point "green" with known valves of: N=499787.956 E=1270274.069 and back site point "Alex" N=502946.205 E=1254863.930. We utilized a Lietz (Sokisha) Set UI-B (1-second) theodolite with direct/indirect readings to the subject site with direct/Indirect distances front and back.
Run 2 was a closed loop within the subject site consisting of about 2,620 lineal feet with various side spurs to acquire more data. This traverse loop closed 1 part in 32,752 and was not mathematically adjusted From the control points we located various topogr{q>hical shots including most pin flags that represented soil samples undertaken by R.F. Weston.
Two number 5 re-bars were placed on the site as directed by R.F. Weston for future control.
Control Point "A" N=502714.8620 E=1279738.9392
Control Point "B" N=502600.0615 E=7279506.7072
See attached sketch showing the two control nms.
VERTICAI.CONTROI.
We utilized two vertical control points that were located on or within the vicinity of subject site. We ran our control with the same Lietz Set lU-B acquiring elevations by trigonometric functions. Our control loop closed within 0.02 feet and no adjustment was made. All topography elevations are based on the following benchmarks and are referenced to N.G.V.D. (1929) mean sea level.
TBMNumber 1 = 178.89 (vertical boh in 30" oak near shore of Meddybemps Lake) N=502794 £=1279718
TBMNumber 2 =172.17 (chiseled red square on west bridge abutment of Route 191) N=502130 £=1279523 Longitude=67-21 -27
X. Latitude=45-02-18
See attached sketch for locations. V.,.
HbWlOHTl CmTUL WM 1
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.z.miih ,.rv-..,5 1279U9,- -^^ -iiaL,iTtft/;;;:;^ JIL , ---i>fVi\%S 5c:-:?.^.r: 12.^9390.o': 1.^2.31 I'H.U | nmssi llT-f^. -.22 302121.7/ i2794-47.26 171.6? BIV06 -:.: 3C2i:2.47 1279446.33 171.21 Bl\>Q5 '..-: 5C2163.55 1279422.33 172.11 TPTS02 -:-23 502163.42 1279403.52 172.90 TPTS02 i:26 KAlil n s 502159.94 1279418.46 172.83 17^.3% miJ17S \l^.l*ie .':2r 502179.53 1279403.53 173.14 BIV04 1523 502152-48 1279348.92 175.57 I1W25B ,' 1529 502157.55 1279348.26 ' 175.74 . ' . HM2^\^'^.';;'• '^>"'t^'i^^ 1530 hK>A/ WS 502210.3? 1279349.05 177.02 • I78.C1 THIilifSt ' ;- tt f >4iC.:fe^ 1531 502225.81 - 1279369.42 176.46 ^^^^^'^^^^^^^l^T^^^^h 1532 502247.62 • 1279212.12 199.$2l-'V:- . Bii;0Jt^|;y|^^?0|r 1533 502407.86 1279430>30 173.74". :'BiVj67j'^' ^|^?f 1^ 1534 502429.20 v 1279475"75 173.42 .; UfiSSi^'-ijMiSM 1535 W\\d 105 502620.67 • 1279643.60 178.56 /8|.I.<» TH520St»J»y 1536 502624.23 1279637.30 ' 178,63 ~" ^mZO^.m^-t!^m0M L537 502666.00 1279617.87 181.75 BIIG9;4?feJilic#^-^' -^ 1538 502658.65 1279653.91 178.45 ~ 'BiliQ^-'^}'--^-^^*ty:M-/'• 1539 502627.80 1279678.63 ^176.82 BII07 v'. '."^^•' 1510 502625.63 1279669.60 177.32 AP06 1541 502615.71 1279672.24 176.85 'AP04 15'12 502610.53 1279669.53 176.93 VEOl 15-13 502605.66 1279667.06 176.83 ASUOl 131} 502607.62 1279663.22 176.77 AP-1 1515 502607.77 1279673.04 176.10 BII05 1546 502659.42 1279443.14 187.99 , BIOl •-:'t7 502601.12 1279664.75 176.72 AP2 1543 502596.53 1279662.82 176.65 AP3 -il? 502597.04 1279630.03 175.69 AP5 1330 502602.02 1279659.33 176.89 BII03 i3;i 502523.70 1279665.il 175.38 BII04 '-::.: 5C:S2:.42 1279653.3i 175.95 riW22S -., : 3c:;r-i.io 1279633.:; 175..D3 fiu238 -2;-! 3':23.'"3. Z: i27?6 52.i:' 176.1? t1W23M .-.3 3::il2.?i 127?696.73 175.94 BIIQc -• 3C2ii'.li 1279700.9? 176.25 MW3S • '-~:.^ 3C::37.27 1279711.2; L79.06 MW24E --:- 502.^05.."4 1279809.72 171.72 BllCi .; ; .' :C2.".""-i. 43 1279715.27 i.'?,34 ' BII02 ---• jj_j;_..: ..i...Ox-... j.o-4,j/ D-'Ju
^^w.-' rj SITE MAP litMWQCT3\^_^./tWUIWCOI1*TM«T^ EASTERN SURPLUS REGION ISUPOVUNO TECtMCM. AS«S«MENT ANO RS3P0NSE TEAM TOO NO. Layout By: Date >*»' ROUTE 191 96^8-0002 M. Audet lApriHWf7 RIe Name FIGURE 5 MEDDYBEMPS. MAINE C:\C3URPLUSAPR r .•./.y^J,; ;.^..:» • .fc^^-f-ir- •^^..?^:,;,.j;4. 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H« ^ (J7 t\ .K. n^^tw (^L>*Jo /^r-'H-t):i l7g,Z^ I BjJJ-Af tn - ?9' ot ''2-S:'4j t ^-'if'jr^ -142_, ^^^tJ /;'fv ;r '2»H-_ (?ft^ i '^A/f/9 3ri?' r/ ^1? _i'/iA -^ ^^v/. /.- ^ moj '^\ j '^ • 1 Sz^or .:>«_>^-o V >5 ' (LH^t£L, SQof^^^ Mi' I • ^ I : il- ' I ! ! i , ! i : /Z7fS2^l^V^ I ( - t- 1 I i Mi: '^er H .[, I i I • I I ; I I ' I • •( It- ., I I t • t I i i , I 1- , ) i : i I I- I I I I- ! . i i i I ! i I i ' : : ; 1 I'l l PETER G. RICH, ESQUIRE Attorney and Counselor at Law All Congress Street Portland, Maine 04101 (207) 773-3053 Fax (207) 773-3678 January 16, 1998 Jerome B. Watts, PLS OEST Associates, Inc. 343 Gorham Road South Portland, Maine 04106-2317 Dear Jerry, At your request we are pleased to provide you with our opinion of title to certain real estate in the Town of Meddybemps, Washington County, Maine. Parcel I North Side of Route 191: Meddybemps Tax Map 9, Lot 12 In accordance with the Title Standards adopted by the Maine State Bar Association and resting on a Deed given by Dead River Company to Harry J. Smith dated August 15, 1946 and recorded in the Washington County Registry of Deeds in Book 469, Page 210 and on a Deed given by Lewis J. Campbell and Grace O. Campbell to Harry J. Smith dated August 5, 1955 and recorded in the Washington County Registry of Deeds in Book 534, Page 37 (The Resting Deeds), I hereby certify that I have examined or caused to be examined records in the said Registry of Deeds and all instruments of record therein as reflected by the indices, and records in the Washington County Probate Court affecting the title to the Premises as described in The Resting Deed. It is my opinion that on December 9, 1997 at 11:30 A.M. Harry J. Smith, Jr. and Dawn K. Smith were record owners of said premises in fee simple with good and marketable title thereto, free and clear of all encumbrances excepting only municipal real estate taxes not yet liened of record, with only the following exceptions: -ir) The interests of Harry J. Smith, Jr. and Dawn K. Smith are-as-follows; Harry J. Smith, Jr. owns the entire fee, subject to the matters hereinafter set forth, in all of the premises Jerome B, Watts, PLS OEST Associates, Inc. Page 2 January 16, 1998 excepting only a one-third interest in that portion conveyed to Dawn K. Smith by Charlotte P. Smith by deed dated December 21, 1996 and recorded in the Washington County Registry of Deeds in Book 2132, Page 45. 2) That portion of the Premises as was conveyed by Harry J. Smith to Lewis J. Campbell and Grace O. Campbell by deed dated August 5, 1955 and recorded in the Washington County Registry of Deeds in Book 534, Page 38; 3) That portion of the Premises, easements and water rights therein as were conveyed by Harry J. Smith to the State of Maine by deed acknowledged January 7, 1971 and recorded in the Washington County Registry of Deeds in Book 701, Page 183. 4) The following municipal real estate tax liens of the Town of Meddybemps: a) Tax Lien of the Town of Meddybemps for 1984 municipal real estate taxes recorded May 21, 1986 in the Washington County Registry of Deeds in Book 1384, Page 159; b) Tax Lien of the Town of Meddybemps for the tax year 1986 in the amount of $577.98 recorded on March 17, 1988 in the Washington County Registry of Deeds in Book in Book 1503, Page 22; c) Tax Lien of the Town of Meddybemps for the tax year 1987 in the amount of $642.86 recorded on August 2, 1988 in the Washington County Registry of Deeds in Book 1526, Page 323; d) Tax Lien of the Town of Meddybemps for the tax year 1988 in the amount of $742.42 recorded on August 3, 1989 in the Washington County Registry of Deeds in Book 1590, Page 18; e) Tax Lien of the Town of Meddybemps for the tax year 1989 in the amount of $701.00 recorded on August 8, 1990 in the Washington County Registry of Deeds in Book 1655, Page 69; f) Tax Lien of the Town of Meddybemps for the tax year 1995 in the amount of $1,292.05 recorded October 10, 1996 in the Washington County Registry of Deeds in Book 2116, Page 55; g) Tax Lien of the Town of Meddybemps for 1996 municipal real estate taxes in the amount of $1,554.13 recorded October 21, 1997 in the Washington County Registry of ^. Deeds in Book 2197, Page 139; and ^ Jerome B. Watts, PLS OEST Associates, Inc. Page 3 January 16, 1998 5) The following liens of the Intemal Revenue Service: a) Tax Lien of the Intemal Revenue Service against Harry and Edna Smith in the amount of $3,649.03 recorded November 11, 1986 in the Washington County Registry of Deeds in Book 1417, Page 325; b) Tax Lien of the Intemal Revenue Service against Harry and Edna Smith in the amount of $5,988.92 recorded September 10, 1987 in the Washington County Registry of Deeds in Book 1467, Page 122; c) Tax Lien of the Internal Revenue Service against Harry Smith Jr. in the amount of $173.40 recorded October 16, 1987 in the Washington County Registry of Deeds in Book 1474, Page 47; d) Tax Lien of the Intemal Revenue Service against Harry Smith Jr. in the amount of $1,139.98 recorded October 16, 1987 in the Washington County Registry of Deeds in Book 1474, Page 48; e) Tax Lien of the Internal Revenue Service in the amount of $20,261.70 dated September 11, 1990 in the Washington County Registry of Deeds in Book 1661, Page 300; f) Tax Lien of the Intemal Revenue Service in the amount of $5,493.89 dated September 25, 1990 in the Washington County Registry of Deeds in Book 1664, Page 203; g) Tax Lien of the Internal Revenue Service against Charlotte Proter Smith in the amount of $2,512.27 dated January 29, 1991 in the Washington County Registry of Deeds in Book 1682, Page 347; h) Tax Lien of the Internal Revenue Service in the amount of $2,618.20 dated March 15, 1991 and recorded in the Washington County Registry of Deeds in Book 1689, Page 173; i) Lien of the Intemal Revenue Service vs. Harry J. Smith Jr. and Edna Smith in the amount of $7,567.00 dated May 13, 1991 and recorded in the Washington County Registry of Deeds in Book 1697, Page 282; V...- Jerome B. Watts, PLS OEST Associates, Inc. Page 4 January 16, 1998 j) Lien of the Intemal Revenue Service vs. Harry J. Smith Jr. and Edna Smith in the amount of $7,567.00 dated May 13, 1991 and recorded in the Washington County Registry of Deeds in Book 1700, Page 186; k) Tax Lien of the Intemal Revenue Service in the amount of $3,390.96 dated August 9, 1991 and recorded in the Washington County Registry of Deeds in Book 1716, Page 79; 1) Lien of the Intemal Revenue Service vs. Harry J. Smith Jr. and Edna R. Smith in the amount of $3,649.03 dated October 20, 1991 and recorded in the Washington County Registry of Deeds in Book 1731, Page 67; m) Tax Lien of the Intemal Revenue Service against Harry Smith and Edna Smith in the amount of $123,237.50 recorded March 13, 1992 in the Washington County Registry of Deeds in Book 1758, Page 218; v.^ n) Tax Lien of the Intemal Revenue Service in the amount of $9,516.74 dated March 13, 1992 and recorded in the Washington County Registry of Deeds in Book 1758, Page 217; o) Lien of the Intemal Revenue Service vs. Harry Smith Jr. and Eastem Surplus Co. in the amount of $755.08 dated April 12, 1992 and recorded in the Washington County Registry of Deeds in Book 1763, Page 344; p) Tax Lien of the Intemal Revenue Service in the amount of $7,997.44 dated July 2, 1992 and recorded in the Washington County Registry of Deeds in Book 1783, Page 187; q) Lien of the Intemal Revenue Service vs. Harry Smith Jr. and Edna R. Smith in the amount of $5,988.92 dated November 1, 1992 and recorded in the Washington County Registry of Deeds in Book 1809, Page 166; r) Tax Lien of the Intemal Revenue Service in the amount of $3,954.38 dated November 18, 1992 and recorded in the Washington County Registry of Deeds in Book 1813, Page 1; s) Tax Lien of the Intemal Revenue Service in the amount of $19,606.37 dated January 17, 1993 and recorded in the Washington County Registry of Deeds in ,^ Book 1824, Page 294; ^ Jerome B. Watts, PLS OEST Associates, Inc. Page 5 January 16, 1998 t) Tax Lien of the Intemal Revenue Service in the amount of $5,087.18 dated July 16, 1993 and recorded in the Washington County Registry of Deeds in Book 1860, Page 314; and u) Lien of the Intemal Revenue Service in the amount of $5,493.89 in the matter of Harry J. Smith and Eastem Surplus Co. dated February 11, 1996 and recorded in the Washington County Registry of Deeds in Book 2057, Page 63; 6) The following liens have been recorded by the State of Maine: a) State of Maine Lien in the amount of $9,624.32 dated August 4, 1986 and recorded August 5, 1986 in the Washington County Registry of Deeds in Book 1397, Page 139; b) Lien of the State of Maine vs. Harry J. Smith Jr. and Eastem Surplus Co, in the amount of $127,83 dated August 12, 1991 and recorded in the Washington County Registry of Deeds in Book 1717, Page 55; c) Lien of the State of Maine vs. Harry J. Smith Jr. and Eastem Surplus Co. in the amount of $259.44 dated February 13, 1992 and recorded in the Washington County Registry of Deeds in Book 1751, Page 320; d) State of Maine Lien in the matter of Harry Smith Jr. in the amount of $17,645.93 recorded in the Washington County Registry of Deeds in Book 2065, Page 52; 7) A Lien in the amount of $2,296.53 recorded on August 8, 1986 in the Washington County Registry of Deeds in Book 1397, Page 138; 8) A Lien of the State of Maine Department of Labor against Harry J, Smith, Jr. and Eastem Surplus in the amount of $41.24 dated August 14, 1989 in the Washington County Registry of Deeds in Book 1592, Page 214; 9) Abstract of Divorce Decree in the matter of Edna Ruth Smith and Harry Smith Jr, recorded in the Washington County Registry of Deeds in Book 1804, Page 209; 10) Quitclaim Deed given by the Town of Meddybemps to Gregory Smith dated March 23, 1995 in the Washington County Registry of Deeds in Book 1988, Page 116; 11) Lien of the State of Maine Department of Environmental Protection in the amount of $350,000.00 dated May 13, 1992 recorded June 4, 1992 in the Washington County "^ • Registry of Deeds in Book 1775, Page 213; Jerome B, Watts, PLS OEST Associates, Inc. Page 6 January 16, 1998 12) Writ of Execution in the matter of Associated Gas Products, Inc. vs. Harry Smith d/b/a Eastem Surplus Welding and Supply dated July 13, 1994 and recorded in the Washington County Registry of Deeds in Book 1938, Page 165; 13) State of Maine Department of Human Services Division of Support Enforcement and Recovery Certificate of Lien re: Harry J, Smith in the amount of $22,919,00 dated August 14, 1995 and recorded in the Washington County Registry of Deeds in Book 2020, Page 114; 14) State of Maine Department of Labor vs. Harry J. Smith Jr. and Eastem Surplus in the amount of $27.84 dated May 23, 1991 and recorded in the Washington County Registry of Deeds in Book 1697, Page 349; 15) Extension of State of Maine vs. Harry J. Smith Jr, in the amount of $2,296.53 dated January 30, 1991 and recorded in the Washington County Registry of Deeds in Book 1714, Page 82, extending a Lien recorded in the Washington County Registry of Deeds in Book 1397, Page 138; 16) Extension of State of Maine Lien in the amount of $9,624.32 recorded in the Washington County Registry of Deeds in Book 714, Page 83 extending a Lien recorded in the Washington County Registry of Deeds in Book 1397, Page 139; 17) Writ of Execution in the matter of Edna Ruth Smith in the amount of $2,000.00 recorded in the Washington County Registry of Deeds in Book 1804, Page 264; 18) Lis Pendens to Enforce Judgment in the matter of Edna Ruth Smith, Plaintiff and Harry Smith Jr., Defendant, recorded in the Washington County Registry of Deeds in Book 1813, Page 103 relating to the failure of Defendant to execute and deliver a Promissory Note to Plaintiff to be secured by a Mortgage on the three parcels of real property located in Meddybemps, Maine owned by the Defendant as provided for in the Abstract of Divorce Decree dated October 7, 1992 and recorded in the Washington County Registry of Deeds in Book 1804, Page 209; 19) Writ of Execution in the amount of $1,035.58 Edna Ruth Smith, Plaintiff, recorded in the Washington County Registry of Deeds in Book 1876, Page 314; 20) Writ of Execution in the amount of $2,336.26 in the matter of Super 8 Motels of Portland, Inc. vs. Harry Smith d/b/a Eastern Surplus recorded October 11, 1996 in the Washington ^NlN*l^ County Registry of Deeds in Book 2118, Page 272; Jerome B. Watts, PLS OEST Associates, Inc. Page 7 January 16, 1998 21) Abstract of Judgment in the matter of United States of America vs. Harry J. Smith, Jr, in the amount of $357,000,00 dated March 20, 1996 and recorded in the Washington County Registry of Deeds in Book 2064, Page 177; An instrument styled "Order of Taking" dated August 17, 1966 signed by John H, Reed, Govemor of the State of Maine and Richard H, Broderick, Chairman of the Executive Council of the State of Maine was recorded in the Washington County Registry of Deeds in Book 642, Page 317, which Order of Taking was purportedly a condemnation proceeding against the premises. This taking was subsequently appealed by Harry J. Smith (Washington County Superior Court Docket 1716) and by decision of the Law Court dated May 22, 1969, it was decided that "the taking is declared void and of no effect as to the Plaintiff and his title in and to the property purportedly taken". Parcel II South Side Route 191: Meddybemps Tax Map 9, Lot 11 In accordance with the Title Standards adopted by the Maine State Bar Association and s... resting on a Warranty Deed given by Cassius Bridges to Everett Gillespie dated July 31, 1950 and recorded in the Washington County Registry of Deeds in Book 501, Page 16, I hereby certify that I have examined or caused to be examined records in the said Registry of Deeds and all instruments of record therein as reflected by the indices, and records in the Washington County Probate Court affecting the title to the Premises as described in The Warranty Deed from Everett Gillespie to Gregory W. Smith and Dawn M. Smith dated January 29, 1979 and recorded in the Washington County Registry of Deeds in Book 1046, Pagel63. It is my opinion that on December 9, 1997 at 11:30 A.M. Gregory W, Smith and Dawn M. Smith were record owners of said premises in fee simple with good and marketable title thereto, free and clear of all encumbrances excepting only municipal real estate taxes not yet liened of record, with only the following exceptions: 1) Easement granted by Everett Gillespie to New England Telephone and Telegraph Company dated February 16, 1957 and recorded in the Washington County Registry of Deeds in Book in Book 546, Page 90; 2) Easement granted by Everett R, Gillespie to New England Telephone and Telegraph Company dated June 23, 1955 and recorded in the Washington County Registry of Deeds in Book in Book 541, Page 320; 3) Mortgage given by Gregory W. Smith and Dawn M. Smith to Machias Savings Bank in the **»-' original principal amount of $20,000.00 dated February 5, 1979 and recorded in the Washington County Registry of Deeds in Book 1046, Page 165; W- Jerome B, Watts, PLS OEST Associates, Inc, Pages January 16, 1998 4) Mortgage given by Harry Smith III and Geraldine Smith to Machias Savings Bank in the original principal amount of $18,500,00 dated November 7, 1997 and recorded in the Washington County Registry of Deeds in Book 2203, Page 111, We are uncertain of the location of this property in respect to the premises of Gregory W, Smith and Dawn M, Smith. 5) The following municipal real estate tax liens of the Town of Meddybemps: a) Town of Meddybemps Municipal Real Estate Tax Lien for the tax year 1985 in the amount of $130.79 recorded May 21, 1986 in the Washington County Registry of Deeds in Book 1384, Page 156; b) Town of Meddybemps Municipal Real Estate Tax Lien for the tax year 1987 in the amount of $145,03 recorded August 2, 1988 in the Washington County Registry of Deeds in Book 1526, Page 321; c) Town of Meddybemps Municipal Real Estate Tax Lien in the amount of $229,66 for 1994 taxes recorded September 14, 1995 in the Washington County Registry of Deeds in Book 2026, Page 355; d) Tax Collector's Lien Certificate by the Town of Meddybemps in the amount of $320,12 plus interest recorded October 11, 1996 in the Washington County Registry of Deeds in Book 2116, Page 51; e) Tax Collector's Lien Certificate of the Town of Meddybemps for the tax year 1990 in the amount of $467,14 recorded October 21, 1991 in the Washington County Registry of Deeds in Book 2197, Page 136. 6) The following liens of the Intemal Revenue Service: a) Notice of Federal Tax Lien Under Intemal Revenue Laws in the amount of $4,707.69 dated October 22, 1991 in the Washington County Registry of Deeds in Book 1731, Page 62; b) Notice of Federal Tax Lien Under Intemal Revenue Laws in the amount of $3,976.48 dated May 29, 1992 and recorded in the Washington County Registry of Deeds in Book 1775, Page 185; Jerome B. Watts, PLS OEST Associates, Inc. Page 9 January 16, 1998 c) Notice of Federal Tax Lien Under Intemal Revenue Laws in the amount of $575.69 dated May 21, 1993 and recorded in the Washington County Registry of Deeds in Book 1848, Page 120; d) Notice of Federal Tax Lien in the amount of $165,878,29 dated September 30, 1994 and recorded in the Washington County Registry of Deeds in Book 1956, Page 218; e) Notice of Federal Tax Lien in the amount of $160,031,30 dated January 23, 1995 and recorded in the Washington County Registry of Deeds in Book 1977, Page 165; f) Notice of Federal Tax Lien in the amount of $30,614,02 dated May 16, 1995 and recorded in the Washington County Registry of Deeds in Book 1998, Page 320, 7) The following liens have been recorded by the State of Maine: a) State of Maine Notice of State Income Tax Lien in the amount of $10,690.40 dated March 3, 1986 and recorded in the Washington County Registry of Deeds in Book V. 1372, Page 223; b) State of Maine Notice of Tax Lien in the amount of $8,505.13 recorded July 23, 1992 in the Washington County Registry of Deeds in Book 1788, Page 98; c) Notice of State Tax Lien by the State of Maine Bureau of Taxation in the amount of $19,629.75 dated March 6, 1995 and recorded in the Washington County Registry of Deeds in Book 1984, Page 249; d) Notice of State Tax Lien by the State of Maine Bureau of Taxation in the amount of $5,204.68 dated August 29, 1995 and recorded in the Washington County Registry of Deeds in Book 2023, Page 314; e) Notice of State Tax Lien of the State of Maine Bureau of Taxation in the amount of $13,644,75 dated October 14, 1997 and recorded in the Washington County Registry of Deeds in Book 2196, Page 142. 8) Mortgage given by Gregory W. Smith and Dawn M. Smith to Machias Savings Bank in the original principal amount of $217,000.00 dated May 21, 1986 and recorded in the Washington County Registry of Deeds in Book 1384, Page 315; 9) Writ of Execution in the matter of The Inhabitants of the Town of Baileyville vs. Gregory Smith in the amount of $14,970,83 dated October 29, 1991 and recorded in the Washington County Registry of Deeds in Book 1732, Page 292; S ^ Jerome B, Watts, PLS OEST Associates, Inc, Page 10 January 16, 1998 10) Writ of Execution in the matter of Chittenden Bank vs. Gregory Smith d/b/a Used Tmck & Parts in the amount of $8,665,40 dated May 21, 1992 and recorded in the Washington County Registry of Deeds in Book 1770, Page 35; 11) Order Approving Attachment and Attachment on Trustee Process in the amount of $101,000,00 in the matter of Fleet Bank of Maine vs, Gregory W, Smith a/k/a Greg W, Smith recorded September 23, 1991 in the Washington County Registry of Deeds in Book 1724, Page 330; 12) Writ of Execution in the matter of Fleet Bank of Maine vs, Gregory W. Smith in the amount of $101,270.51 dated November 12, 1991 and recorded in the Washington County Registry of Deeds in Book 1736, Page 121; and 13) Renewal Writ of Execution in the matter of Chittenden Bank vs. Gregory Smith d/b/a Used Tmck 8L Parts in the amount of $8,665.40 dated October 9, 1996 and recorded in the Washington County Registry of Deeds in Book 2116, Page 111. V We have not verified the payment of municipal real estate taxes to the Town of Meddybemps and any opinion that we give is subject to the general exceptions (Exhibit A) attached hereto. This opinion is given for the exclusive use of OEST Associates, Inc. and R.F. Weston, Inc. and this opinion may not be used for any other purpose. Peter G. Rich PGR/dr Enclosures 0072co.c97 v»^ Jerome B. Watts, PLS OEST Associates, Inc, Page 11 January 16, 1998 PETER G. RICH 477 Congress Street Portland, Maine 04101 Title Certificate Exhibit A Property: Gregory and Dawn Smith And Harry J. Smith, Jr, Date : January 16, 1998 GENERAL EXCEPTIONS There are certain possible or latent defects in some titles to real property which an examining attomey cannot discover from a search of Registry records. For this reason, the following matters are exceptedft-om this Title Opinion, 1, Any conditions or state of facts which would be disclosed by inspection of the premises and/or an accurate engineering survey (including the exact geographic location of the premises). 2, Persons in possession and those claiming under leases for a term of less than two years, 3, Our examination indicates that there are no mechanic's or labor liens of record against the premises, but liens of this nature may be perfected within 120 days from the last day that services are rendered or materials fumished by contractors and/or suppliers, 4, Questions as to possible encroachments, whether or not the buildings and improvements are located entirely within the described premises, whether or not the roadway serving the premises is accepted or is private and availability of public water supply, septic or storm drainage and other utilities to the premises. 5, Any bankmptcy proceedings other than those of the immediate Grantor and any and all provisions of any private laws, departmental orders, municipal ordinances, regulations or rulings promulgated thereunder or in relation thereto, affecting the disposition, use and/or occupancy of the premises, 6, Any disability of the grantor in the chain of title, any forgery of an instrument in the chain of title, anyfi:audulento r mistaken identity of a record title holder due to similar or identical names, any Registry errors in the record, the rights, if any, of undisclosed heirs, any exercise of a Sw-- Jerome B. Watts, PLS OEST Associates, Inc. Page 12 January 16, 1998 power of attomey after death or disability of the creator of the power, and any defects in conveyances in die chain due to lack of delivery. 210; VOL. 469 itnoly all Mtw by tijese ^txseuts, Ulbat Dead Rlvor Company, a corporation duly organized under tho laws of Maine ana having a place of business at Bangor, Councy of Penobscot, State of MaL ne. in coojidtraiion oJ Five hundred dollars ($500.00) paid bj Harry J. Smith of St. Johnsbury, County of Caledonia, State of Vermont, J the receipt whereof i S *>.hereby icknowledBe, do^?reb)r remise, rcleaie, b«#c««i. »ell aai-coanty and forever Quit-CUim unto the uid Harrv J. Smith, his . . . . heirs and axsietis forever, a tract of land situate at the outlet of Meddybemps Lake, so called , in Washington County, State of "alne, and more particularly described as follows, to wit: Beginning at a maple tree on the west side of the Outlet of Meddybemps Lake and the mouth of Dennys River; thence running south 71 degrees fifteen minutes west 498 feet; thence south 30 degrees 45 minutes west 126 feet; thence south 6 degrees west to the main highway running through Meddybemps Village 164 feet; thence along such highway north 75 degrees east to the center of the highway bridge over the Dennys River 109 feet; thence along such bridge to the east side of the Dennys River and to a point two rods easterly of the water line; thence along the east side of Dennys River at a distance of 2 rods from the water line to the shore of Meddybengjs Lake on the east side of the Outlet thereof; thence to the point of beginning. Conveyance of the above described tract of land is subject to an existing lease given by said Dead River Company to J. £. Masters, dated December 29, 1937. TO HAVE AND TO HOLD the above released premises, with all the privileges and appurtenances thereof, to the said Harry J. Smith, his heirs and assigns forever. (|,55' Rev.-Stamps -?p*--4^ft'^-«n'' ' " -tJ"'" !>" ['"ir flg-'b^'- "••''' '" '*"• ["•i'-il'T''' ^'"1 ipiinrli-nnnrr^ itirrriinln liflniipLiff-ta tlw saiJ ^^i*T ^"ff ""'''[mt ff*Trv*r_ And da-Boiiiinnl iviih llin iiifU Jirin ITvl J^iic"'. 'hit- yyitt ^'^Ijr.rtf aq/j {r^TfvtT-ti^^^Ttt^ *h^ P^'Tu'^r^ t " »tIlC»f'Iiff• 3n CDIIttu00 GSIbtKoI, the said Dead Riyer Compai^y has caused this instrument to be sealed with its corporate seal and slftned ih its corporate name oy Earl W, Spaulding, its Vice President, the reunto duly authorized, this 15th day of August A.D. 1946. jou]U\gj"a.tlus.Ji*« iiil] in consideration of One dollar and value (not exceeding one hundred dollars) paid by Karry J. Smith, of said Meddybemps, the receipt whereof i s ^*-hereby aclcnowledg^do hereby remise, release, bafgoiik sell an all our right, title and Interest in and to all land west of the following described line: Beginning at Maine State Highway No. 191, at the south erly edge of the so-called Campbell road, thence continuing along the southerly edge of said road In a westerly direction for a distance of 100 feot, thenco by straight line in the same general direction to an iron stake 2 rods from the hi.jh water mark of the Dennys River as currently flowed, thenco in a northerly direction at said distance of 2 rods from said Dennys River to an iron stake 2 rods from the eastern ond of the so-called old dam at the source of the Dennys River (and in line with said dam, and thence by straight line to the shore of Meddybemps Lake and/or Dennys River at the eastern end of the so-called new dam, said point being marked by an iron stake. The purpose and intent of this instrument is to fix the line between the grantors and the grantee herein.. It is understood and a condition herein that the grantors will not construct anything which would interfere with or Impair the flow of the water from Meddybemps Lake to Dennys River, or affect in any way the rights of the grantee to control said Dennys River. An easement or right of way is granted by the grantors herein to the grantee for one hundred (100) feet from State Highway No. 191, along the so-called Campbell road, and this easement is granted to the grantee, his heirs and assi^^^s forever. The above property being situated in the town of Meddybemps, in the County of Washington and State of Maine. (The above descriptidn has been amended unto its present text, prior to execution, by tho mutual agreement of all parties concerned herewith.) •"1 TO HAVE AMD TO HOLD, the above described premises, with all the privileges and appurtenances thereof, to the said Harry J. Smith, his heirs and assigns, forever; so that neither we the said Lewis J. Campbell and Grace 0. Campbell, nor our heirs, or any other person or persons claiming from or under us, or them, or in tho name, right or stead of us or them, shall or. will, by any way or means, have, claim or demand any right or title to the aforesaid premises, or their appurtenances, or to any part or parcel thereof, forever. ' •5a-faui'-anb->fl-^iril> tin mm. lun»th«r with all th» priviUgw and ippurtiianBO* thereunto belonging-to *- ^ ^ the .old *"5^* 2°' ^''^S ^ , ,. . V . I, Johp V, Watson, oT Meddybemps, Washington County, State of Maine, do hereby i,_hrin inn nment foravar— _ . , . ^ .. t> 4.vi_ J-*-. t-^ _— I affirm and acknowladp-e that I have no claim whatever, as of.this date, to any I an»T • itr. rnv»n«nr u/i>TiTWy «lfr • . , --, j «•_ • • _ J.t.<- »fH9:itnd-1t3SteXa,-that I. ...oroperiy on the westerly side of the line de.flned in this ueaOT •wiltAiwrwit-M ot-ihe-aM- j/^in.'nj ;„ >i.;. n...,t «« r:.^ntnr. ani felinquiahine and-eenveying right by-deaeeot-anJ-all other-right»-ip-thc-«bove-de8cribed-preini»e5i have bereiuto set our hands and seal 3 this 5th day of August in the year of our Lord one thousand nine hundred and fifty-five. Sitntd, Sealed and Delivered in preunce of Lewis J. Campbell (seal) John V. Watson Grace 0. Campbell (seal) John V. Watson V, State 0 f Maine August 22, 1955 • Washington Personally appeared the above named Lewis J, Campbell and acknowledged the above instrument to be hi s free act and deed. ' .-.-.«.?. CHARLOTTE P. SMITH, also Itnown ss CHARLOTTE E. SHITH of Heddybenps, Washington County, Maine, for consideration paid grants to DAWN K. SHITH whoae mailing address is PO Box 1262, Calais, Maine 04619, granddaughter of the Grantor herein, OJ with quitclalji covanant CO Ml my right, title, and Interest In and to a certain lot or parcel CVI of l.ind, with the buildings thereon, situated in Meddybemps, Washington County, State of Maine, and bounded and described as follows: Bounded on the North by Meddybe.-nps Lake; On the East by land now or formerly of Lewis Campbell; South by State Route 191; and West by Dennys River '•-;i For Grantor's source of title, reference-may be had to the Will of Harry J. Smith, Jr., deceased testate, an Abstract of which is recorcied in Volume 1003, Page 228 of the Washington County Registry of Deeds, and the Election Against That Will dated March 31, 1978, and recorded in Volume 1008, Page 93 ot the Washington County Registry of Deeds. It is the expressed intention of the Grantor herein to convey to the Grantee aforesaid all rights, easements, privileges, and 5 appurtenances belonging to the granted estate. u. IN WITNESS WHEREOF, I the said CHARLOTTE P. SMITH, also known as CHARLOTTE E. SMITH, being^ widow and unremarried, have hereunto setiV my hand and seal this V^ day of December, 1996. . c^^^ Charl'otte P. Smith STATE OF HAINE DECEMBER ^ a: 1996 Washington, ss. Then personally appeared the above named CHARLOTTE P. SMITH and acknowledged the foregoing instrument to be her free act and deed. Before me. '^r.A'^.A^. Notary Public CQ»»„.V L . ^vVt.^^t^.<..^.. •\tT. Printed name of Notary Public d.smith.1 ^ EDWAnni.HENNr'.SEY.JR. STATE or MAINS WASHTNOTON 00. KSOIOniY OF DEEDS vi H.^^ DEC 241996 SEAL IWW-.HACI. n. LCONAMO »t_i_H'!Zi2M_£_MrT>eonJed taUook Pag, 24 CZWTW» 1TW«TT MA04A& MAX »MS. Att43et: B^lotar 14Si04 OUITCLAIH DEED WITH COVENANT CHARLOTTE P. SMITH, also known as CHARLOTTE E. SMITH of Meddybempa, Washington County, Maine, oo for consideration paid ro grants to HARRY J. SHITH, JR., whose mailing address is PO Box 277, Calais, Maine 04619, CO ro with qultclalB covanant -n EXCEPTING, however, all that portion of my real estate in Meddybemps, Washington County, Maine, as conveyed in a Ouitclalra Deed With Covenant to Dawn K. Smith of recent date herewith in which deed said real estate is described as follows: Sounded on the North by Meddybemps La Ice; On the East by land now or formerly of Lewis Campbell; South by State Route 191; and West by Dennys River. It is the expressed Intention of the Grantor herein to convey to tha Grantee aforesaid all rights, easements, privileges, and appurtenances belonging to the granted estate. IN WITNESS WHEREOF, I Che said CHARLOTTE P. SMITH, also known as CHARLOTTE E. SHITH, being a widow and unremarried, have hereunto set my hand and seal this ^\ day of December, 1996. "^i tj ^fhi&rt-6rte^P. Smith STATE OF MAINE DECEMBER 3, \ , 1996 Washington, ss. Then personally appeared the above named CHARLOTTE P. SMITH and acknowledged che foregoing Instrument to be her free acc and deed. Before me. Notary Public SEAL Printed name of Nota d.smith.1 tsx.s-rtL o r MAINE ».V>!;IIWI;T0N (». RtOlsrilY or DEEDS MCHAO. n. LBONAMD n...vo. DEC 2 3 1996 •I _Z_ H Al M _e_ M r«ORlod in llOi>k p^g, ____^ I :•«• 1. AlUut: N..^-^ Ragbur r "Av v.. — I iKnnm oil ^^ii liij tijese l^resHxtB. •7 ^ >l»l»' Sljfll I, Harry J. Smith, of Meddybemps, in the County of Washington, and State, of Maine, ic consideration of One dollar and Value (not exceeding ono hundred dollars) paid by Lewis J. Campbell and Grace 0. Compbell, both of said Meddybemps, the receipt whereof is du hereby acknowtedv^do hereby remise, release, barsaio. sell and oonvay-and forever Quit^ZUim unto the said Lewis J. Campbell and Grace 0. Campbell, as Joint -hciajadaviast\ tnrntux, ' tenants and not as tenants in common, their neirs and osslgns, the survivor of them, and the heirs and assigns and survivor of them forever, | all my right, title and interest in and to all that land east of the following described line: Beginning at Maine State Highway No. 191 at the southerly edge of the so-called Campbell Road, thence continuing along the southerly edge of said road in a westerly direction for a distance of 100 feet, thence by straight line in the same general direction to an iron stake 2 rods from the high water mark of the Dennys River as currently flowed, thence in a northerly direction at said distance of 2 rods from said Dennys River to an iron stake 2 rods from the eastern end of the so-called old dam at the source of the Dennys River (and in line with said dam) and thence by straight line to the shore of Meddybemps Lake and/or Dennys River at the eastern end of the so-celled new dam, said point being marked by an iron atake. The purpose and intent of this Instrument is to fix the line between the grantor and the grantees herein. The above property being situated in the town of Meddybemps, in the County of Washington, and State of Maine. i (The above description has been amended unto its present text, prior to escecution, by the imitual agreement of all parties concerned herewith.) TO HAVE AND TO HOLD, the above described premises, with all the p: ivileges and appurtenances thereof, to the said Lewis J. Can^bell, and Grace 0. Campbell,| as Joint tenants as aforesaid, their heirs and assigns, forever; so that neithe I the said Harry J. Smith, nor my heirs, or any other person or persons claiming from or under ms or them, 'or in the name, right or stead of me or v.. them, shall or will, by any way or means, have, claim, or demand any right or title to the aforesaid premises, or their appurtenances, or to any part or parcel thereof, forever. -the-said— •Jieti*. I .And do covenant with thr nid HT'*^ ffn^ airtfTnf. thi*t L-wiU-w«rTmnt^u>d4or»var defend the prrmisfn tn thr laid— -heir»-and-»3signs-forev«r,-«gain»t-4he-l»w£uWclaim»-»nd.demandi-of-JlUp«r»ons-cUumint-byr4bTOUgh-or-under— Itl ffllhtfM ai}«rfn£. I, the said Harry J. Smith and Charlotte Smith, wife of the said Harry J. Smith, in token of her release of all right of l;ower or title by descent in the above described premises, . and , •«f-tbe.aud •joining in thii Dead 11 rinntnr , gvfying • jiglu by deeeent and M uiliei tiitlit^ lit Uie nbuve demtlUad preaUiea. have hereunto set our h«nd 3 and seal 3 this 5th ^y- °t August io the ye State of Maine Washington ^ August 22, 1955 Personally appeared the { above named Hnrry J. Smith •nd acknowledged the above instrument to be hlg free act and deed. ^u^AloC /8l3%/C3 Jc exl80iiP3209 11535 ABSTRACT OF DIVORCE DECREE (19 M.R.S.A., Section 725, as amended, as onacted by P.L. 1975, c. 488) ; I, Karen Moraiaey, the duly appointed, qualified and acting Clerk of the Maine District Court, District Four, Division ot Northern Washington, hereby certify that on the lOth day of May 1992, a decree of divorce became final between Edna Ruth Smith of Woodland, County of Washington, State of Maine, Plaintiff, and Harry Smith, Jr. of Meddybemps, County of Washington, Stata of Maine, Defendant, and Che following la a true copy of so much of •aid decree as relates to tha dlsposlclon of real estate in Washington Countyi "The parties own marital real estate In Meddybemps, Washington County, Maine. This real estate Is awarded to the Defendant as his exclusive property, subject CO any encumbrances, which he will assume and pay and hold the Plaintiff harmless therefrom. The real estate on which Eastern Surplus Is located Is partly the parties' martial property and partly the Defendant's non-marital property. This real estate is awarded to the Defendant as his exclusive property, subject to any encumbrances, which he will pay and hold the Plalnclff harmless therefrom. •i Tha Defendant will ba responsible for filing an abstract of the provisions of this Judgment pertaining to real estate and for paying all recording costs,* 'The Defendant will pay to the Plaintiff the sum of $40,000.00 as her share of the marital real and personal property awarded to the Defendant. Payment is due in full within six months of tha date of this Judgment. Interest will accrue on the amount due at the rate of 10% beginning six months from the date of this Judgment. The Defendant will execute a Promissory Kota and Mortgage in favor of Che Plaintiff, and secured by the three parcela of real property owned by the Defendant in Meddybemps, Maine, to secure payment of this amount.* # V. B»ci80i»PG2I0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed tha aeal of tha Maine District Court this ^ day of OcA^er 1992. Clerk, Maine Distric^^^etiurt I SEAL! District Four \w J Division of Northern washingtorT"—^ Thia Cartlficata to b« recorded in the Washington County Registry of Deeds pursuant to tha statute above cited. Tha party responsibla for preparing and recording tha Abstract of Divorce Decree and paying tha recording fee Isi Lisa Cohen Lunn, Esquire Vaflades, Brountas t Kominsky 23 Watar Street, Key Plaza P.O. Box 919 m. m Bangor, Maine 04402-0919 W^A ffTATE OF MAINE WASHI.S'GTON CO. uoismy or ocsoo R^.:v«i OCT-81992 mm'' at JCL H ZZL M _A. M rvoorSd I f spj if.": > In L">I!E Pago RacUttf m BU988PGM6 GMCt Municipal i. QUITCLAIM DEED 02766 (Maine Slalutory Short Form) The Inhabiianii of the Municipality of TO'•'.< 0:;' l:..DDi''Bj:t.irS .abody corporate and politic, located at i.'.JiiiUfili-.wi'S, "r.'.'.SIilNijTO.I County, Maine, for coniideralion paid, release 10 O.i.'.'jtJii'C 6.. ITI! of ;:oauyuci:i_.3 , '..'liaiiintjton County, Maine 04657 Ihelandin : ^oiiuyuCiHi 3 , ;'f.bii1n';ton County. Maine: (here insert Description, and Encumbrances if anjr) .. . ij^l •^1 ]• :ia i.^v,..i,ii"iuu Oil «ouuybci.i;jri Tro: UQiio, by J.',V. •o>-'..x-lJ. Co., Oliito-..'ii, .i.r.inc IJuO, as .lo,;i 3, Lot li. Located oa oin. SoaL;i ;3i(Jc oT ;(t. Ul, ;\.iiu boanutd r.o follov-'.Ti On tuc .hrlih ,../ :t. 191; Oa tii^ i.ot by t:;C De.^.^y3 liiver; On tJic ;ioatii o/ ...-'..J 3, iio'v Vj, o>.ncd tij Jo:mt:.a.i .'r.er.ton; O'l tno (-•-t vy ,'.::^' -j, ijOt 12, owu'.ii 'jy .ivcrctt ijillti.ic. . '--..liij .-al.. iai,t.';uU:i., LO coiwey und ncrcby cotiveyinj any in tCi'-.-ct the 'jr-....itor ;..:roi.'i .-.sx-j i.avc i.i i;iic forjolii,; iiro'trty i;y vii-tuu o.' IIJI t'.iu to-'tco ior Uiu tt\;; ycurc Ijjo.^ljjl", a^id IjJ,?. a IU u. V) o The taid Inhabitants ofthe Municipality of I'l^DYJ- -,'.I'S have caused this Initrument to be iljned In itf corporate name by Theodore Aciclcy, Paul JO1JIICO:1I Cr.rl JorUoii .its dclu-ctincn dulytuthotized,this 25 day of r.:u.c;. . I»35 . Witness: -^^^1*^* CQu^i^*\ .::^.s|-^Uc<...£ OJdbJ^ -j^-^ *°"^''''"'' Sclecti.iaa YiU:., J-y^.So.I, Sclcct:.;aa ,^^^..£^,4^ ^fly/ b^lur^e and Title) C0:.y.^.', Stic3ti:).in (Siinature and Title) State of Maine County of lOosKvncfcxv • >s Then personally appeared the above named ThiroJor c. rteVrlry, Paul 3oKnJeo^ Carl borA of Slid body corporaie and politic, and acknowledged Ihe forr{Oinf insirumcnt jp be•H^ci r free act and deed in +•%»'. r said capacity and Ihe free act and deed of said body corporate and politic. STATE or MAINE WASIIINOTOt^ CO. Before me, KCOIiiTliY OP UrEDS 'SEAL ^fc*.Wl R^eiv^ MAR 2 41995 • t -L L Hj2ij(.M_^Mr»cord«Ki la Uook p,^ ^___ '^ Notary Public Att«at: Ailorney at Law ..Xaramj J.....5.fr<.;.'f:.h Primed Nime RetCi"*' MY CCW.1ISSI0N EXPIRES 1/9.^9 ^%»«-^ BKI775PG2I3 STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTTION 05945 COMMISSIONER'S LIEN CERTIFICATE 38 M.R.S.A. S 1371 I hereby certify that the State of Maine Department of Environmental Protection has incurred costs in the amount of $350,000.00 for the investigation of, securing of, clean-up of or mitigation of hazards posed by an uncontrolled hazardous substance site located on the real estate property described below, thereby imposing a lien on this real estate to secure payments of all the State's costs, pursuant to 38 M.R.S.A. S 1371. DgscriDt:ion of Real Kst:^tg: This lien attaches to the parcel of property described on Map 9, Lot 12 of the tax maps of the Town of Meddybemps, County of Washington, State of Maine, being the same premises conveyed to Harry J. Smith of Meddybemps by Louis J. Campbell and Faith 0. Campbell by deed dated August 5, 1955 recorded in Washington County Registry of Deeds, Book 534, Page 37 and by the inhabitants of Meddybemps by deed dated January 26, 1960, recorded in said Registry of Deeds, Book 569, Page 111. Grantors: Harry J. Smith, Jr. of Meddybemps, Maine Charlotte E. Smith of Meddybemps, Maine Amount: $350,000.00 V IN WITNESS WHEREOF, Dean C. Marriott, the Commissioner of the Maine Department of Environmental Protection, has subscribed and sworn to this document at Augusta, Maine this iV*" day of OrWV^ , 1992. DEAN C. MARRIOTT, COMMISSIONER Maine Department of Environmental Protection STATE OF MAINE KENNEBEC, SS. l!i 1^ 1992 ^ Personally appeared before me the above-named Dean C. Marriott, Commissioner of the Maine Department of Environmental Protection, and made oath as to the truth of the foregoing. STATE OP MAINE WASHtNOTON 00. ]li:OISntY OF DEEDS i^/y/?7 ^ )^^fP!^ NOTARRY /PUBLIC/ATTORNEY-^-LAW fu.^^ JUN-41992 LYNN A. BANGS WOTASYWttlC. 11*116 at _L_ Hj££rM_£.Mr«conlod -jjft^^ij^n^j^jixTtnw- In Book Ptga Type Attest: Ragbtar V».» f CKI933PGI65 STATF. OF MAINK (SealofiheCoun) District Coun Four Division of Northern Wa-ihinTrnn 07094 Location . Calais Docket No. CAL-q^-CV-SS Aaaoeiated Caa Producta. Inc. Pbinliff WRIT OF EXECUTION Harry Smith d/b/a Eastern Dcfcndani Surplus Welding and Supply To Ihe :>herirfs of our several Couniies or any of ihcir Deputies: Whereas said Plaintiff Associated Gas Products. Inc June 21 19 94 recovered judgment in ihe Disuict Court at ,__Calaia_ _. inihe County of Washinp.ton ..against Defendant J!ar.ry.^ith d/b/a Eastern Snrplm Ui.1. $9,000.00 Debt 81.38 Postjudgaent interest from 6-21-94 - 7-13-94 $9,081.38 Total $10.00 Writ ^ t command you that of the goods, ot lands of said Debtor within >our precinct >vu cause to be paid and t 4t*' •'•• satisHed unto lhe said Creditor ai lhe value thereof in money Ihe aforesaid sum being t 9.081.3 8 wiih legal interest on this execution from Ihe above dale of judgment together wiih $10.0 0 for ihis lirat writ md thereof also satisfy yourself of )-our own fees, and make return of this Writ wiih your doings thereon within one year from the dale thereof. Daied: July 13. 1994 .lifctrt AXHXfUillXCICf' k John W. Youncy, Esq. (Aiiomey fur) Pbiniiff A true eopy^ P.O. Box 3100 *fJwii«j^ Addicss Clark Skowhegan. ME 04976 STATK OF MAINE -WASMl.NCTON CO. REOISTRY OF DEEDS R«c« Ragiater I STATE OF MAINE OOOLD DEPARTMENT OF HUMAN SERVICES DIVISION OF SUPPORT ENFORCEMENT AND RECOVERY STATE OF MAINE, County of Ppnoh;;rot Personally appeared before me the above-named .SBIL fJanrcy K. Whitney on 8/U/95 and acknowledged the foregoing document to be her/his free act and deed in her/his CO official capacity. ro CD ro CD Notary Public cri;i5TA» IMPORTANT INFORMATION FOR RESPONSIBLE PARENTS cn THE FILING OF THIS CERTIFICATE OF LIEN AFFECTS IMPOHTANT PROPERTY RIGHTS OF YOURS. YOU HAVE THE RIGHT TO CONTEST THIS ACTION AT AN ADMINISTRATIVE HEARING SUBJECT TO THE CONDITIONS DESCRIBED BELOW. IF YOU WANT THE DEPARTMENT TO SCHEDULE A HEARING TO REVIEW THIS ACTION YOU MUST REQUEST A HEARING WITHIN 30 DAYS AND FOLLOW THESE INSTRUCTIONS. If you request an administrative hearing you must provide the Department with a completed affidavit or affirmation that explains why you are contesting this action. Hearings are •I limited to a review of the Issues described In this notice. Blank affirmation forms are provided by the Department's support enforcement offices upon request. The only Issues that may be considered at a hearing to contest the filing of this Certificate of Lien are: (a) Whether the Department has compiled with the statutory requirements of Title 19, section 503; and (b) Whether the Department haa stated correctly the amount of your support debt on the Certificate of Lien (You may only contest the amount of your support debt from the time that It was last established by administrative action) . All hearing requests must be delivered to a local support enforcement office or sent to: Hearings Coordinator, Department of Human Services, Division of Support Enforcement and Recovery, Station 11, Augusta, Maine 04333. IF YOU WISH TO REQUEST A HEARING TO CONTEST THIS ACTION, YOU MUST DO SO WITHIN 30 DAYS. IF YOU DO NOT REQUEST A HEARING 1 WITHIN 30 DAYS YOU LOSE YOUR RIGHT TO A HEARING. STATE or MAINZ WASMINOTON CO. REOISTHY OP DKEDS Roceivwi AUG 1 6 199___^__5 _ IMSEL845 R0993 Page 3 •t i/a_ H CL2. M _ ^ M ,«»rf«i ENF-7 •n Book p,_ Att«at: ' R«Vlat«r 11S68 STATE OF MAINE (Seal of ttw Cowl) Diniiel Court Four Division of Northern Waahln|tn.^ Location -Will Docket No. CAL-8?-gy-2: Edna Ruth Smith Plaintiff WRIT OF EXECUTION Harry Salth. Jr. Defendanc lb the Shetiffs of our seven! 0>untie> or any of their Deputict: Whereas aid Pliintiff'a Attorney, l.laa Cohen Lunn, Esq. May 13 , 19.32 , recovered judgment in the Disuict Court at Calala .inthe County of Washinitton ,against Defendant Harry Smith. Jr. in this Ktion for S 2.000.00 . in debt or damage and S none . in cost! of suit u appean of record, wheicof execution remaint to be done. $2,000.00 Attorney'! feaa We command you that of the goods, or lands of said Debtor within your precinct you cause to be paid and satisHcd unto the uid Creditor at the value thereof in money the aforesaid tum being i 2.000.00 with iffi^?"-; legal interest on this execution from the above date of judgment together wilh $10.00 for this fi t».V Writ and thereof also satisfy yourself of your own fees, and make return of this Writ with your doings thereon within one year from the date thereof. >^#flfvi;!-..l„,„.. Dated: October 5. 1992 •>/^ij-».^-'.^•g•jJ5fi^•'.;' CDtT^lfll Clerk of District Court Llaa Cohei: Lunn. Esq. ^^^^:i (Attomey for) Plainiiff Alruaoopy ^ ^, ^ • Attait: O^^fc't ^ *}Svt»*«^ Clartt >' ^ .r.o. Box 919 Addnss Bangor, Hr n4An?-09iq STATE o r MAINX WASIIINOTON 00. . ^ ua ISTRY or DEEDS ^ ^ OCT-91992 at ^e_H_2^M_Zt.M recorded in Book Pa«« DCCVtl Rev. (J/MT) Alteat: RagUtar Bi:l80i»PG2IO IN WITNESS WHEREOF, I have hereunto set iiy hand and affixed the seal of the Maine District Court thia "7 day of Ocfclev 1992. Cler)c, Maine Distric^^^eSurt (SEALJ District Four Division of Northern Washington*' Thia Certificate to be recorded in the Washington County Registry of Deeds pursuant to the statute above cited. The party responsible for preparing and recording the Abstract of Divorce Decree and paying the recording fee isi Lisa Cohen Lunn, Esquire Vaf lades, Brountas & Komins)cy 23 Water Street, Key Plaza P.O. Box 919 Bangor, Maine 04402-0919 OTATB o r MAIWE WASHI.VTTON QO. nEoiiTny or DEEDS R^.;v^ OCT-81992 •' J^CL H jCil M J^_ M rxicorded 1» l-">'i Tasn B«g!jt«r ?^' ^S'l 'if- MM. BKI876PG3II* STATE OF MAINE (Seal of Ihe Court) (SEAL District Coun Four Division of Northern Waahlngton Location Calala H Docket No. CAL-a9-DV-22 O Edna Suth Smith Plaintiff H WRIT OF EXECUTION Harry Smith, Jr. Defendant lb Ihe Sheriffs of our several Counties or any of their Deputies: Whereat said Plaintiff'* attorney. Lt«a Cohen Lunn. Esq. Aufuat 13 . 19 93 recovered judgment in Ihe Dittfict Court at Calaia .in Ihe County of WashinRton _,against Defendant Harry Smith. Jr. in this xtion for S 1,035.58 . in debt or damage and S tione . in costs of suit u appean of reconl. whereof execution remains to be done. $1,035.58 D«be (attornay'a feea) $10.00 Writ Wc command you that of the goods, or lands of said Debtor within your precinct you cause to be paid and ^--f^s • tatlsfied unio the said Creditor at the value thereof In money Ihe afoicsaid sum being i 1.035. 58 with J legal interest on Ihis execution from the above date of judgment together wiih $10.00 for Ihis rlra t Writ and thereof also satisfy yourself of your own fees, and make return of this Writ with your doings thereon within one yrar from the dale thereof. Dated: September 22. 1993 Llaa Cohen Lunn. Eao. (Attorney fur) Ptiintiff P.O. Box 919 OTATK or MAIKE Adiln^ts WASHINOTON CO "MisniY or DEEDe SB:lt gannor. ME 04402-0919 Rocriv*. SEP 28 1993 •t-^^H^i^M_^Mr«xrt«{ Alt«jt; ^ DCCV.II Rev. (5/MT) Regjstsr .-^.? ? ' #., ''*,-'^^-.. ir'... ' BIC2118PG272 STATS OF MAINE 12082 (SealoftbeOoun) DIsiietCoist Divisiaa of S a Cmberiaod LocadcnPonland DocketNo. POR96-CV-S49 Super 8 Moteli of Poctland. be, Flaintiir WRIT OF EXECXmON y». Kany Smith dAA Eaaen Surplut DcfembM To the SherifTi of our Kvcfil Coontiei or toy ef dieir Deputiei Whoeai taid Plaintiff . Super 8 Motels of Peedand. Inc- .00 iSetitemher 11. iw&recovered judgmentfat the Diitrict Court at. P"^''"'< .^ialbe County of Cumbfrlfind asainst Defendant Many Smith dfl>/» R^sti-m .^fimhn io this action for $ 2.19t9Q tn debt or damage and S il3 2 in cosu of tuii ai tppetn of lecocd, whereof execution rcmaini to be done. 51,193.90 Piincipai 0.00 Interest claimed oo complaint 20.68 Pre-Iudgmenl Intesest 33.36 Post-Judgment Interest ^, 88J2 Cosu 0.00 AuyFeej S2J36J6 Total We command you ihat the goods, or lands of taid Debtor wiihia your precinct you cause to be paid tnd atisfied unto the laid Creditor at Ihe value thereof to money Ihe tfcrtsaid tum being S2336.26 ^wiih kgal interest on this execution from the above date of judgment together wiih SI 0.00 for this Ftfrt Wiit and thereof also satisfy yourself of your own fees, aod inalce lenn of this Writ with your doinp theieoo within three yean from the dale thereof. Dated: October 18.1996 (Deputy) OtA ol tbe District Coiat Roderick R. Rovzar Esq.. (Atuxner for) Plainiiff P.O. Box 4600 Addicsa irrATi: or MAINE Portland. ME 04112-4600 WASHISOTON oa ^P- KFr.igniY or DUC6 R/aumahle October 18.1999 Recefved JLClltM A TRUE COPY DCCV-llREV.(5/86T)(CUrn itJ^HS^QIMZO-M^ ATT.ST g^^L in Book _SiIl_ P»« I! V ... k •. t i: t BnZQSUPOlll ABSTRACT OF JUDGMENT ();dr>ai NOTICK hiimuuil lo Title }ll, UnilMl .Slitn Cmle, SfclhKi ]ini, this jwlgiivnl, U|vin Ihe filing ii( ihit •IMIIKI In t\\f ntuinrr in wlilih a notice of lu lica wtHilJ ho filed under pwagraplis (I) and (2) uf 26 U.S.C. ibilXf), citaloa a lien on all real property of Ilia defendxni(i) and has ptiority over all other liens or eocumbnncca which are perfected later in lime. Tbe lien created by thia aeclioo it effective, unleu ulisfied, for a period of 20 yean aad may be reoewed by filing a notice of reocwal. If auch notice of rtoewal is filed before the espiniioa of tbe 20-year period to prevent Ihe eipintioo of Ihe liea and the court approve* the itoewal, the lien shall relate back to the date the judgment ia filed. Namca and Addrcuea of Paitioa againat wbom judgnwala Name* of Paitie* in whoae hvor judgmeata hav* beeo have becQ obiained obtained Han7 1. Smith, Jr. Route 191 Meddybempa, ME 04657 UNITED STATES OP AMERICA L Amoual of Judgment Namea of Crodilora' Attoreeya When Docketed S357.00O.0O. tolal amoual due aa of United Suies Alloracy't Offica 2/13/95. ATTN: Financial Litigation Unit Febmary 13, 1995 IOO Middle Street Plaza Prcjudgmeot iotereat at ibc rate of 6th Floor - East Tower 0.00 X. Ponlaod. Maine 04101 USAO #9520077/001 Poctjudgmcnt iaieretl al the rate of 7.03 X per annum. • i •T>. UNITED STATES OF AMERICA. CLERK'S OFFICE U.S. DiyrRICT COURT FOR THE CIVIL ACTION NO. M-0009-B DISTRICT OF .MAINE SS. •\ ( I CERTIFY, That tba foregoing ia a correct AbairacI of tbe Judgmcal entered or regiiursd by this Court. STATE or MAINS William/ R wTltll. , Clerk. WA.SII1.S(;T()N 00. HEOia-j-KY or UF.eDa By t^ tO,) '•'^CrWAZi • D«P"'X C'«^ Reocjvod MAR 2 21996 In Dook PJO, ir Attaet: ~ :coPY SlBrownoll, Clerk IV flt-'/X Begiatar ^.. r It 1 Bt:i732rG292 >ami^' 1C897 STATE OF MAINE WASHINGTON _.!» SUPERIOR COURT CV- 89-150 INHABITANTS OF THE TOWN OP BAILEYVILLE rtaiMiff vs. WRIT OF EXECUTION GREGORY SHITH D^avkM To the therifft of our tevoal counties or any of their deputies: ' Whereas taid ptaintiflAWWUtH on September 18, 1991 ..recovered Judgment in the S uperior Court for w.tiiiiinfiton .County against taid pIMHUfl/derendant in this action for ihe sum of S, lU.UOU.OU in debt or damage and S L^oin a i in costs of suit, as appears of record, whereof execution lemains to be done: $10,000.00 Default JudRinent 4.970.83 Attorney'! feea $14,970.83 V We command you lhat of the goods. ^ycls.^^aflds of uid piaisdnydefendant widiln your precinct ycu cause 10 be paid and satisfied unto Ihe said pCxtullHtfcaaaokat the value thereof in money of the aforesaid sums, being S 14.970.8 3 widi legal interest on this Execution from the taid date of Judgment, logclher with ; • .• • ten dollars forthit Writ of Execution, and thereof also satisfy yourself of your own fees, and make rcutm of Ihis writ wilh your doings . ihctcon witliin one year from the date hereof. Daied: October" ??• 1991 n WashlpRton County Reg.Mry o( Deeds . CV.I5 3/II Time: /O.^i/V^ V. vol. 642 317 -,1' i.' ,i*lt!^ l'"\.,. » . v i ••,°,V-->: ^?--- • .:.:-.•:;•• .:-•.•..-.••.••.'". —s^iri.:;:!:.*!.'...• • I ;••, • :..-..•....i B-Avtv-J."*! • • :.•• '••••.••.. '. •• ••• "^ ' • •• •••••. • •• J; • !.:iMtj'}:.*. !:. r. ;•.:.;••.- .•-: • •... •;;;.. .:•. STATE or MAINE !;:•.. !i.;•!;;.,>-:'^'il-. • .-. . .-.. •,;. ' :.7-"-.:;-':j|:1-.. VJashington, -ss . , ;,....yjv:--l-:. ,•• • • '.i'-if. In the Matter of Taking Lands ,!-;:|/:^-:;Jj.: V- .::....•:•- ; •. in Meddybemps in said County ^ ^ ill. •• -^ •.••::;: under the. Provisions of Title 1, I,,...+vi_ . ;;. . •.; • • '.•:?•"-•=••'-'•••'":; ;•.••'••'•<• Revised Statutes, Sections 811 -..{.:•.: to 813, inclusive. .1-. ;,.'Si';t:«i!;i.tVi-j-!5';>!:--i-- i: V-f;:-/:..:- r^ ORDER OF TAKING ...!,.-.li...,U,r„; :• .• •• ;. undersigned. Governor of the State of Maine and members Chambers ;.;; seventeenth •v'"''^i-'0;3^^^^^^^^^^^^^ August, 1966^ by adopting'an Order of Taking, they took J'jjj^ijf-'^^''^^^ simple, as for public uses, and by the exercise of the . i;!^'}..^';:!";:: right of eminent domain conferred upon them by Title 1, Revised •; '• ••r:xy.-i;r'.!",7-5tatutcs,'. Sections 811 to 813 inclusive, the lands and other •f-T;^.';:...property hereinafter described for the purpose of regulating the .'."•-• •'•'. flov; of water in the Dennys River for the protection of Atlantic Sea Run Salmon and other species of fish; and said Governor and :. Exccut.ive Council do therefore, and hereby, take as for public \ .; . •••'•'•:' u.-^eSj and by tho right' of eminent domain conferred upon them by ;;;:;.;;•;.. said Title 1,Revised Statutes, Sections 811 to 813 inclusive, the •.. r.;-;;i;:j-.: following described- lots or parcels of land in Meddybemps, County ••'• ;;"..of Washington, State of Maine, toge.ther v/ith the buildings, dams ••.•."• U.:.:'^'f•;)ii^':clnd. generator situated thereon,. and the mill privileges and flowage i-X'.•.••!.. rights .appurtenant thereto, to wit: Parcel Mo A tract of land situated at the outlet of • V I •Meddybemps Lake, so-called, beginning at a maple tree on the v/est ••side of Meddybemps Lake and the mouth of the Dennys River; thence • south 71 degrees 15 minutes west 498 feet; thence south--30 degrees 45 minutes west 120 feet; thence south 6 degrees west 154 feet to the highway running through Meddybemps Village; thence along said •'. • i .highv/ay north 75 degrees east 109 feet to the center of tho highway •bridge over the Dennys.River; thence along said bridge to the cast .•;:v::,ni' •-. 'side of the Dennys River to a point'2 rods easterly of the water line; thence along the east.side of the Dennys River at a distance 'v... of-2 /rods from the v/ater "line to Meddybemps Lake on the east side , of the outlet, thereof ;.• thence to the point of beginning. Vol. 642 319 -3 Title to-said parcels of land, together with the buildings,. ":;i';'';;::i|^-;i;J;I "-"••-!..dams and generator situated thereon, and the mill, privileges and is in Harry J. Smith of -. State of Maine; and if said :. ,^^. , .^ _ _ the above-described properties/ Iv/'f-:^; ; then said properties are hereby taken' from the true owner or' .•." ovmers unknown. n,. •rr.'.""" p:;;v;;l •) U.Jiri-"' " ^"<^ S® ^^ Further Ordered; i- That."the Order of Taking of said-^i^i^^; .vi.V.ij;i:-V:"{'r:^^ ^ as for public uses aforesaid" containing a description of ^•;';".;'. •.^••il\"•1;i•i•h•^''i•"^;;:^^or<2said; "' .-. -;iii(A;";Hi£y:;";^3•v;^v•;•^; • . . . -.• . r-iK'-iVi;^':f^'^7^^^ Be It Further Ordered:- That the County Commissioners of.: .•^•:i:""Hvt^-!^'}:•':•••^^ County, of Washington be requested to forthwith estimate the •', ^iiM^rv^t:^:^^'^^^'^^ sustained by the owner'of the aforesaid property so teiken , v^vi^I^-i^^^^^^^^ public uses, in accordance with the provisions, of Title .35,'^ 'Sii...s''-i-"''i-'--R •I':'::: .-•'• i' ; •;. -j-.-.In Witness .VTlicreof, the Governor and Council have hereunto J^i :u. I rsot-^the.i'.r ha.nd3.thi3 •/"7.'S^ day of •Augu.'it, A. D., 1966. '•'•A 'i'-iiir::!! ^r.^^-^:Vi-^-^-^!>-'-'i^i"^^ •'' • •.;;;:v;'j|i:... Mi •..;:.. •• :r ;•• .1.; :;;;:•:•..-ip-.i-;!-: 5 ;,..l^;~si•; •,-.,.' . ' vi-:- il..: '•[:•:'. '":",;•'• i''-'"'- "'^'.'-'-l'"" v^ •'• r-'-K- -ii,'"!;:'" •' :'••..• ;' '"vl"' •l.-..r :• M-:'. . • CViairman, Executive Council ' . .. : *•' ' duly authorized to execute this Order of Taking • •, • • .L;.;-:.:-.. • >i «i ..-. • : ' • . ;'. • -. l,:-i.-;: '•'" .rLi':''''"'^""'^' "''" j-,' /:,. • '. -1:1; i_- ;.-.'.. J. • • -I - , ; - * . •••••. . . '.• -•. Z^\l'^t'rt[ ' .- . , '• . I • • . . I - • •• - .: •• '.' .• 320 ^^ Vol. 642 , A'-^L / : \ .'•- \ > \ • \ I •. : I I'' ',.'• .. .' : y i':: - ^ / •"-• A •V./'o.,;^.. i- V .y<> . \ \ \ y /vi^'"vi O'^'^ 1/'" \ / y\. ^ c.^^ 4. / \ > ) i ; '' ;/->'.;//i '• ;/" / . / / : . / / n < • ^ '' /v7 /' '/ - ,11' v" :s-:j_.:;c.::.,-Y:.r' "--ri-iiitoVorr:? ;/'?I":^ •JyT^t:X'b~s-i-.i/5rtf/:^^fy 1' :.f.\ ": v c t» • • DC iJ .--_r..:ciq 5j:x:i-.'«i"?:c>IIr./j'-.:i-r:^- ': r v.rAv.'o ::>f^-\-r'':i^l, "y^/^^^-^ •^' - •';'"' ••.•"'•'' T^--, ••;-.-; '-'.^I&i'-l-: /^e:^C/ Y :?.-'/^f^, A^?o/r>-J A/. / . -r-/ .\m "MMm d9m$Mh0tlki0mi^yn-piiiy^ U That I, Cvaract CllZacpla ot Heddybacp*. Cauacy ot (TasMniMa and State o< KalM 2 o in «»«ildrrafl«ii •/ On* Dollar and othar TaXna P**^btt Cragery V. Salth aad Aava K. faith, huakand and vlfa. hoth at Kaddybcap*! aforeatUd 5 tha recripl uh«rr»/ I Jn titrfbtf •eknowUdttt do hertbv f(vr, grvnt, baroiliv •'(! anb tamtni unu UK taid