•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.