Agenda Item VIII. ORDERS - OTHER Order 242-23
(00:23:56)
Agenda Item VIII. ORDERS - OTHER Order 242-23
242-23. ORDER THAT: WHEREAS, on March 17, 2017, the Collector of Taxes of the City of Fitchburg executed a taking for municipal charges and real property taxes for Fiscal Year 2016 on a certain parcel of land located at 116-118 Day Street, Fitchburg, MA 01420 and described as Map 32, Block 3, Lot 0 and was recorded with the Worcester North Registry of Deeds in Book 8790, Page 73; and
WHEREAS, the City Council of the City of Fitchburg accepted this parcel in lieu of
foreclosure payments on March 7, 2018;
WHEREAS, a Quitclaim Deed from The Bank of New York Mellon f/k/a The Bank
of New York as Trustee for the Certificate holders of CWABS, Inc., Asset-Backed
Certificates, Series 2005-AB2 to the City of Fitchburg dated March 29, 2018, was
recorded in the Worcester North Registry of Deeds in Book 9056, Page 152, on April 20, 2018; and
WHEREAS, the City of Fitchburg no longer has any use for the aforesaid parcel and
the purchaser, Antonio F. Pennetti, owner of abutting property located at 110 Day
Street, Fitchburg, Worcester County, Massachusetts, 01420, has a particular use for
the same; and
WHEREAS, the City Treasurer, Anne M. Cervantes, petitioned the City Council
under Petition No.: 272-18, to declare this property as surplus property and designate
to the Side Yard Sales program and was approved on February 19, 2019; and
WHEREAS, the Side Yard Sales Committee voted on October 3, 2023 to recommend
the sale of said parcel to Antonio F. Pennetti, owner of abutting property located at
110 Day Street, Fitchburg, Worcester County, Massachusetts, 01420; and
NOW THEREFORE IT IS ORDERED that in consideration of the payment of Three
Hundred ($300.00) Dollars, to be paid to the City Treasurer, inclusive of the cost of
recording and a pro forma tax as required by M.G.L. c. 44, ?63A, the City of
Fitchburg sells the above-described parcel of land to said purchaser through the City's
Side Yard Sales Program, subject to the following restrictions, which shall run with
the parcel and be enforceable by the City that said parcel:
1. Shall be kept free from garbage and debris; and
2. Shall, be subject to the City maintaining the right of first refusal as described in
the attached Agreement of First Refusal, and
3. Shall henceforth be conveyed in tandem with the abutting lot and into the same
record of ownership.
AND IT IS FURTHER ORDERED AND VOTED: That Stephen L. DiNatale,
Mayor of the City of Fitchburg, be and is hereby authorized for and on behalf of said
City to execute, acknowledge and deliver said deed of conveyance in form
substantially similar to that attached hereto, and execute the Agreement for Right of
First Refusal and to take any other action and execute any other documents required
or convenient for conclusion of the sale thereof.
(Approved by City Property, City Council to Vote)