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Legal Notices published in The Inquirer and Mirror Aug. 7, 2008NEW COMMITTEE – OPENINGS
The Board of Selectmen is seeking applicants for a newly established committee “Citizen Advisory Committee for Public Safety Facility”. This committee will study and advise the Board as to a public safety facility at 2 Fairgrounds Road and prioritize public safety needs in such facility. The committee will be comprised of 7 citizens. Interested applicants are encouraged to submit a letter of interest to the Office of Town Administration by August 13, 2008. Appointments will be made on August 13, 2008. For further information or any questions, please contact the Town Administration office at 508-228-7255.
J64 Board of Selectmen
Notice of mortgagee’s sale of real estate By virtue and in execution of the Power of Sale contained in a certain Mortgage given by Susan Fortgang to JPMorgan Chase Bank, N.A. a national banking association having an address at 1166 Avenue of the Americas, New York, New York 10036, as Agent for the Creditors as defined in said Mortgage, dated April 17, 2006 and duly filed with the Nantucket County Registry District of the Land Court as Document No. 116027 and noted on Certificate of Title No. 15128 of which mortgage the undersigned, the Shared Assets Trust is the present holder, for breach of conditions contained in said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction upon the mortgaged premises located at 120 Main Street, Nantucket, Massachusetts at 12:00 o’clock P.M. on August 21, 2008, all and singular, the premises described in said mortgage, to wit: The land situated at 120 Main Street, Town of Nantucket, County of Nantucket in the Commonwealth of Massachusetts, bounded and described as follows: Northwesterly by Bloom Street, ninety-two and 80/100 (92.80) feet; Northeasterly by Main Street, forty-two and 66/100 (42.66) feet; Southeasterly by Lot 2 on Land Court Plan 21011-B, ninety-four and 90/100 (94.90) feet; and Southwesterly by said Lot 2, forty-two and 79/100 (42.79) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 21011-B, drawn by Josiah S. Barrett, Surveyor, dated August 22, 1963 and filed with Certificate of Title No. 4906 at the Registry District of Nantucket Court. Said land is shown on said Plan as Lot 1. For title see Certificate of Title No. 15,128 on file with the Nantucket County Registry of Deeds. There is also included in the sale all equipment and fixtures situated on the above described premises to the extent the same are part of the realty. Said premises will be conveyed subject to and/or with the benefit of any and all restrictions, easements, improvements, covenants, outstanding tax titles, municipal or other public taxes, assessments, liens or claims in the nature of liens, and existing encumbrances of record created prior to the mortgage, if any there be. Said premises will also be subject to any leases and tenancies having priority over said mortgage, to tenancies or occupation by persons on the premises now and at the time of said auction which tenancies or occupation are subject to said mortgage, to rights or claims in personal property installed by tenants or former tenants now located on the premises, and also to all laws and ordinances including, but not limited to, all building and zoning laws and ordinances. TERMS OF SALE: The highest bidder shall be required to deposit cash or certified check in the amount of One Hundred Thousand ($100,000.00) Dollars at the time and place of sale, the balance to be paid in or within thirty (30) days thereafter to be deposited in escrow with counsel for the mortgagee pending delivery of a foreclosure deed which shall be Mortgagee’s only further responsibility. The successful bidder shall be required to sign a Memorandum of Terms of Sale containing the above terms at the Auction sale. In the event that the successful bidder at the foreclosure sale shall default in purchasing the within described property according to the terms of this Notice of Sale and/or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by Foreclosure Deed to the next highest bidder that shall successfully deposit with Mortgagee's attorneys, Ruberto, Israel & Weiner, P.C., the amount of the required deposit as set forth herein within three (3) business days after written notice of default of the previous highest bidder, the balance to be paid in or within thirty (30) days to be deposited, and deed to be transferred, as outlined hereinabove. The deposit paid at the time of the sale shall be forfeited if the purchaser does not comply strictly with the terms of the sale. The purchaser will be responsible for all closing costs, state documentary stamps and recording fees. Other terms to be announced at the time and place of sale.
Date: July 21, 2008 Shared Assets Trust, Present Holder of said Mortgage By its Counsel, James C. Fox, Esquire Ruberto, Israel & Weiner, P.C. 100 No. Washington Street J66 Boston, Massachusetts 02114
public notice Nantucket Community Preservation Committee
The Nantucket Community Preservation Committee will hold a public hearing on Tuesday, August 19, 2008 at 4:00 p.m. at 2 Fairgrounds Road. All persons interested in or wishing to discuss the Community Preservation Act or ask questions about submitting projects for the September 12, 2008, deadline are encouraged to attend this meeting. For further information, please contact the Community Preservation Committee (CPC) at 508-325-6682, fax 508-325-6683, or email cpc@town.nantucket.net
ken beaugrand, chair J69 community preservation committee
PUBLIC HEARING Please be advised that the Board of Selectmen will hold a public hearing on August 20, 2008 at 6:00 pm to consider the adoption of Town of Nantucket Traffic Regulations. The draft regulations are available on the Town’s website at www.nantucket-ma.gov or from the Police Department or Town Administration office. The hearing will be held in the Court Room of the Town Building, Nantucket, MA 02554.
J68 BOARD OF SELECTMEN
PUBLIC NOTICE
Attention
Please be advised that due to damage and safety concerns, squidding is now PROHIBITED on the Town Pier.
Police take notice
J72
notice of public hearing for the Taking of portions of four private ways: Poplar and Cherry Streets and Western and Atlantic Avenues in Surfside as authorized by Warrant Article 109, 2008 ATM
Please be advised that a public hearing will be held by the Nantucket Board of Selectmen on August 20, 2008 pursuant to the authority of Chapter 82 of Massachusetts General Law, or otherwise, to consider taking by eminent domain the fee simple title to portions of certain private ways known as Poplar Street between Atlantic Avenue (Surfside Beach parking lot) and Nonantum Avenue, Cherry Street 300 feet south of Nonantum Avenue, and the western-most portions of Western and Atlantic Avenues, all shown on a plan entitled “Plan of Land in Nantucket, MA” dated July 21, 2008 by Blackwell & Associates Surveyors, Inc. The taking plan is on file in the office of the Town Manager, 16 Broad Street, Nantucket. The public hearing will be held in the Courtroom, Town & County Building, 16 Broad Street, Nantucket, MA at 6:00 p.m. Authority for said taking was approved by Warrant Article 109 of the 2008 Annual Town Meeting.
J76 nantucket board of selectmen
PUBLIC hearing Please be advised that the Board of Selectmen will hold a Public Hearing on Wednesday, August 20, 2008 at 6:00PM at the Nantucket Town and County Building, 2nd Floor Court Room, 16 Broad Street, Nantucket, MA to hear Marcos A. Tejada d/b/a El Rincom Salvadoreno’s application for a new Annual, All-Alcohol Restaurant Liquor License, Marcos A. Tejada, Manager, for the premises located at 17 Old South Road, Nantucket, MA 02554.
J79 board of selectmen
PUBLIC hearing Please be advised that a Public Hearing will be held on Wednesday, August 20, 2008 at 6:00PM to consider the application for a new Seasonal All-Alcohol Package Store License for Market Sunset Association d/b/a West End Market, Joseph Ringenberg, Manager for the premises located at 324 Madaket Road, Nantucket, MA 02554. The hearing will take place at the Nantucket Town and County Building, 16 Broad Street, 2nd Floor Court Room, Nantucket, MA 02554.
J80 board of selectmen
PUBLIC hearing Please be advised that the Board of Selectmen will hold a Public Hearing on Wednesday, August 20, 2008 at 6:00PM to hear a Public Assembly Permit application for Jason Harmon/Triple Eight Distillery LLC, 5 Bartlett Farm Road, Nantucket, MA 02554 for the Bartenders Ball to be held on Monday, September 8, 2008 from 4:00PM to 10:00PM at Beachside at Nantucket, 30 North Beach Street, Nantucket, MA 02554. The hearing will be take place at the Nantucket Town and County Building, 16 Broad Street, 2nd Floor Court Room, Nantucket, MA 02554.
J81 board of selectmen
PUBLIC hearing Please be advised that the Board of Selectmen will hold a Public Hearing on Wednesday, August 20, 2008 at 6:00PM to hear a Public Assembly Permit application for Nantucket Council on Aging which seeks to hold Elder Expo, an Informational Forum, at Nantucket High School, 10 Surfside Road, Nantucket, MA 02554 on Saturday, September 13, 2008 from 10:00AM to 2:00PM. The hearing will be take place at the Nantucket Town and County Building, 16 Broad Street, 2nd Floor Court Room, Nantucket, MA 02554.
J82 board of selectmen
PUBLIC notice
Pursuant to Section 2.5 of the Nantucket County Charter, the County Commissioners hereby give notice of the possible acquisition of the following real estate interest at their regularly scheduled meeting of August 27, 2008, 6:00 PM, Court Room, 16 Broad Street, Nantucket, MA as follows:
(a) A permanent non-exclusive easement in gross to construct, maintain, repair, replace and use (including use by the general public for all purposes for which a public sidewalk is generally used in the Town and County of Nantucket) a sidewalk within that area shown as “0.5 Wide Sidewalk Easement”; and
(b) A permanent non-exclusive easement in gross to construct, maintain, repair, replace, and use (including use by the general public for all purposes for which a public sidewalk is generally used in the Town and County of Nantucket) a sidewalk within that area shown as “1.5’ Wide Sidewalk Easement”;
both affecting property located at 3 Commercial Street (Assessors Map 42.3.1, Parcel 38) as shown on the Easement Plan, prepared by Blackwell and Associates, Inc., dated June 25, 2008, which is on file at the Town & County Administration office, 16 Broad Street, Nantucket, for public inspection.
J83 county commissioners
NOTICE OF COMMITTEE OPENINGS AND PUBLIC HEARINGS
The Board of Selectmen is accepting applications for annual committee appointments. Interested individuals may obtain a “Committee Interest Form” from the Town Administration’s offices in Town Hall, 16 Broad Street, Nantucket, MA 02554. Applications are also available on the Town of Nantucket’s website at www.nantucket-ma.gov. Completed applications must be submitted to the Town Administration office at least 48 hours prior to the public hearing scheduled for application review. Information on the responsibilities of the various committees may be obtained from the Town’s website or from the Town Administration’s offices.
Applications for the following committee vacancies must be submitted by 4:00 p.m. on Monday, August 18, 2008, for a public hearing on Wednesday, August 20, 2008 at 6:00 p.m. The hearing will take place in the Court Room, Town & County Building, 16 Broad Street, Nantucket, MA 02554. Applicants should be present at the public hearing to answer questions.
Agricultural Commission 1 Seat Term Ends 2010 Beach Management Advisory Committee 2 Seats Terms End 2009 Council on Aging 2 Seats Terms End 2011 Cultural Council 2 Seats Terms End 2011 Planning Board Alternate 1 Seat Term Ends 2011 Scholarship Committee 3 Seats Terms End 2011
Appointments for these vacancies will be made Wednesday, August 27, 2008. J84
PUBLIC NOTICE Pursuant to Section 2.5 of the Nantucket County Charter, the County Commissioners hereby give notice of the possible disposition of the following real estate interest at their regularly scheduled meeting of August 13, 2008 at 6:00 PM, Court Room, 16 Broad Street, Nantucket, MA as follows:
A non-exclusive easement granted by the County of Nantucket, by its County Commissioners for Utility purposes at 109 Washington Street Extension Assessor’s Map 55.1.4, Parcel 105.
Plan(s) of the proposal real estate interest will be on file at the Town & County Administration office, 16 Broad Street, Nantucket, for public inspection.
J85 Nantucket County Commissioners
Notice of mortgagee’s sale of real estate
By virtue and in execution of the Power of Sale contained in a certain mortgage given by Marcelo Barbosa and Carlos Barbosa to Mortgage Electronic Registration Systems, Inc., dated November 14, 2005 and recorded with the Nantucket County Registry of Deeds at Book 990, Page 128, of which mortgage Wells Fargo Bank, N. A. as Trustee for the MLMI Trust Series 2006-WMC1 is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing, the same will be sold at Public Auction at 12:00 p.m. on September 4, 2008, on the mortgaged premises located at 49 Essex Road, Nantucket, Nantucket County, Massachusetts, all and singular the premises described in said mortgage.
TO WIT: A. certain parcel of land with the buildings thereon now known as 49 Essex Road, Nantucket Town and County, Massachusetts, shown as Lot 4 on plan entitled, “Subdivision Plan of Land Nantucket, Mass., Prepared for Shaun P. Devine, Scale 1”=30’ dated October 10, 1997 by Blackwell and Associates, Inc., Professional Land Surveyors, 6 Young’s Way, Nantucket, Mass. 02554” filed with the Nantucket Registry of Deeds on November 20, 1997 as Plan File No. 51-E.
Being more particularly described as follows:
NORTHEASTERLY by lot 13 an said Plan, being Essex Road, forty-four and 84/100 (44.48) feet; SOUTHEASTERLY by Lot 3 on said Plan, one hundred twelve and 69/100 (112.69) feet; SOUTHWESTERLY by land now or formerly of Severino Roderick et ux, forty-four and 84/100 (44.84) feet; NORTHWESTERLY by Lot 5 on said Plan, one hundred twelve and 58/100 (112.58) feet.
For mortgagor’s title see deed recorded with Nantucket County Registry of Deeds in Book 990, Page 124.
These premises will be sold and conveyed subject to and with benefit of all rights, rights of way, restrictions, easements, covenants, liens or claims in the nature of liens, improvements, public assessments, any and all unpaid taxes, tax titles, tax liens, water and sewer liens and any other municipal assessments or liens or existing encumbrances of record which are in force and are applicable, having priority over said mortgage, whether or not reference to such restrictions, easements, improvements, liens or encumbrances is made in the deed.
TERMS OF SALE: A deposit of Twenty Thousand ($20,000.00) Dollars by certified or bank check will be required to be paid by the purchaser at the time and place of sale. The balance is to be paid by certified or bank check at Harmon law Offices, P.C., 150 California Street, Newton, Massachusetts 02458, or by mail to P.O. Box 610389, Newton Highlands, Massachusetts 02461-0389, within thirty (30 ) days from the date of sale. Deed will be provided to purchaser for recording upon receipt in full of the purchase price. The description of the premises contained in said mortgage shall control in the event on an error in this publication.
Other terms, if any, to be announced at the sale.
Wells fargo bank, n.A. as trustee for the mlmi trust series 2006-wmc1 Present holder of said mortgage
By its Attorneys, Harmon law offices, P.C. 150 California Street, Newton, MA 02458 (617) 558-0500 J86 200803-1637 – GRY
Notice of mortgagee’s sale of real estate Premises: 334 Madaket Road, Nantucket, Massachusetts By virtue and in execution of the Power of Sale contained in a certain mortgage given by Ellen A. Laine to Blue Dog Investments, LLC and now held by Blue Dog Investments, LLC, said mortgage dated 4/3/2007, and recorded in the Nantucket County Registry of Deeds, in Book 1074 at Page 184, for breach of the conditions in said mortgage and for the purpose of foreclosing the same, will be sold at Public Auction on September 4, 2008 at 1:00 pm local time upon the premises, all and singular the premises described in said mortgage, to wit: A certain parcel of land with the buildings thereon situated in Madaket, Nantucket County, Massachusetts. Being show as the parcel marked “Area-10.3 Square Feet” on a plan entitled “Plan of Lands in Nantucket, Mass. as prepared for Richard Laine” dated July 25, 1981, by J. E. Marchlinger & Associates, Registered Land Surveyors, recorded with Nantucket County Registry of Deeds in Book of Plans 21, Page 66 and being bounded and described as follows:
NORTHEASTERLY: by Madaket Road, 100.28 feet; SOUTHEASTERLY: by Chicago Street, 102 feet; SOUTHWESTERLY: by land now or formerly of Anthony Lema, 100.06 feet; NORTHWESTERLY: by land now or formerly of Sanford and Grace Knight, 106.77 feet.
Containing 10,338 square feet of land. Subject to restrictions of record so far as the same are now in force and applicable. For title, see deed recorded in book 991 page 317. Address for reference: 334 Madaket Road, Nantucket, MA 02554 The description of the property that appears in the mortgage to be foreclosed shall control in the event of a typographical error in this publication. For Mortgagor’s Title see deed dated 11/18/2005, and recorded in Book 991 at Page 317 with the Nantucket County Registry of Deeds. TERMS OF SALE: Said premises will be sold and conveyed subject to all liens, encumbrances, unpaid taxes, tax titles, municipal liens and assessments, if any, which take precedence over the said mortgage above described. Subject to a prior mortgage of record dated November 18, 2005 and recorded in Book 991 at Page 320 with said Registry of Deeds. TWENTY-FIVE THOUSAND ($25,000.00) Dollars of the purchase price must be paid in cash, certified check, bank treasurer’s or cashier’s check at the time and place of the sale by the purchaser. The balance of the purchase price shall be paid in cash, certified check, bank treasurer’s or cashier’s check within thirty (30) days after the date of sale. Other terms, if any, to be announced at the sale.
reiner, reiner & bendett, pc 160 Farmington Avenue Farmington, CT 06032 Attorney for Blue Dog Investments, LLC Present Holder of the Mortgage J87 (860) 677-2868
PUBLIC NOTICE The Nantucket County Commission will hold a public hearing on Wednesday, August 27, 2008 in the Courtroom, Town & County Building, 16 Broad Street, Nantucket, MA at 6:00 P.M., pursuant to the authority of Chapter 82 of Massachusetts General Law, or otherwise, to consider the discontinuance of a portion of a certain way known as Sherburne Turnpike (or Sherburne Avenue) and modifying the layout of said way accordingly by removing three parcels, Parcel P-1 (approximately 174 square feet), Parcel P-2 (approximately 4,637 square feet) and Parcel P-5 (approximately 129 square feet) as shown on plan entitled “Proposed Modification of the Sherburne Turnpike,” dated February 2007, prepared by Blackwell & Associates, Inc.. The plan is on file at the Town & County Administration office located at 16 Broad Street, Nantucket, for public inspection.
A viewing of the road shall be held on Wednesday, August 27, 2008 at 11:00 AM, beginning at the intersection of Sherburne Turnpike and Cliff Road.
J88 Nantucket County Commissioners
mortgagee’s sale of real estate 31 First Way, Nantucket, MA 02554 By virtue and in execution of the Power of Sale contained in a certain mortgage given by Mary G. LeBlanc and Armand J. LeBlanc to Tribeca Lending Corporation, by and through its nominee Mortgage Electronic Registration Systems. Inc. dated April 18, 2007, and recorded with the Nantucket County Registry of Deeds in Book 1079, Page 104, of which mortgage the undersigned is the present holder, for breach of the conditions of said mortgage and for the purpose of foreclosing the same will be sold at Public Auction on September 4, 2008 at 12:00PM, at or upon the mortgaged premises more particularly described below, being all and singular the premises described in said mortgage, to wit: The land in Nantucket Town and County, Commonwealth of Massachusetts, together with the dwelling house and all other buildings thereon situated on First Way, and more particularly bounded and described as follows:
NORTHERLY by land of the Town of Nantucket, 90.00 feet; Easterly by land of the Town of Nantucket, 188.86 feet; Southerly by First Way, 120.32 feet, and Westerly by Lot 6 as shown on Plan hereinafter referred to, 181.69 feet. Being shown as Lot 7 on Plan dated February 18, 1985, drawn by Barren & Nicholson, and recorded in Book of Plans 23, page 18 at the Nantucket Registry of Deeds. Tax Id#; 0055-1363 For title see Deed recorded in Book 407, Page 216. The description of the premises contained in said mortgage shall control in the event of an error in this notice. The Mortgagee reserves the right to postpone the sale to a later date by public announcement at the time and date appointed for the sale and to further postpone at any adjourned sale date by public announcement at the time and date appointed for the adjourned sale date. The premises will be sold subject to and with the benefit of all rights, restrictions, easements, improvements, outstanding tax titles, municipal or other public taxes, assessments, betterments, liens or claims in the nature of liens and existing encumbrances of record created prior to the mortgage, or entitled to precedence over the mortgage, if any, insofar as the same are still in force and applicable to the premises. If the premises is a condominium unit, then the premises will also be sold subject to Massachusetts General Laws chapter 183A, as amended, the applicable Master Deed and any and all amounts as may be due, following such sale, to the applicable condominium trust. If the successful bidder at the foreclosure sale defaults in purchasing the property according to the terms of this notice of sale or the terms of the Memorandum of Sale executed at the time of the foreclosure, the Mortgagee reserves the right to sell the property by foreclosure deed to the second highest bidder (or other successive bidders, in the order of their bid) provided that such other bidder deposits with Mortgagee’s attorneys, Michienzie & Sawin LLC, the amount of the required deposit as set forth below within ten (10) business days after written notice of default of the previous highest bidder and title shall be conveyed to such other bidder within thirty (30) days of the default, which time periods may be reasonably extended by the Mortgagee in its sole discretion.
TERMS OF SALE: Ten Thousand and No/I 00 Dollars ($10,000.00) is to be paid in certified check and/or bank cashier’s check to be paid by the Purchaser at the time and place of sale. The balance of the purchase price is to be paid by the Purchaser by certified check and/or bank cashier’s check within thirty (30) days thereafter, which time period may be reasonably extended by the Mortgagee in its sole discretion, at the offices of Harry Castleman, Esquire, Michienzie & Sawin LLC, 745 Boylston Street, Boston, MA 02116. Other terms to be announced at the sale.
Tribeca Lending Corp. present holder of said mortgage by its attorney, Harry Castleman, Esquire MICHIENZIE & SAWIN LLC 745 Boylston Street J89 8/7/8, 8/14/8, 8/21/8 Boston, MA 02116
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