TITLE: For the relief of John and Rhetta Sweeney.
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IN THE HOUSE OF REPRESENTATIVES
_________________, 1997

Mr. ________ introduced the following bill; which was referred to
the Committee on ___________________
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TEXT

A BILL For the relief of John and Rhetta Sweeney.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. PAYMENT OF CLAIM.

The Secretary of the Treasury shall pay, out of any money in the Treasury not otherwise appropriated, to John and Rhetta Sweeney of Hamilton, Massachusetts, the sum of $ 4,645,776.00.

The Chairman (or Acting Chairman) of the Federal Deposit Insurance Corporation ("FDIC") shall record with the Registry of Deeds, County of Essex, Massachusetts, on behalf of ComFed, the Resolution Trust Corp. ("RTC"), and the FDIC, a release of lien, mortgage, and (any and every) judgment concerning the Sweeneys and their properties, as described herein, and shall convey Title by Warranty Deed to the Trustee of the Rock Maple Trust of the properties known as:

24 Meyer Lane and 776 Bay Road

both of which are in Hamilton, Massachusetts 01982,

and whose legal descriptions are as follows:

For the property at 24 Meyer Lane, Hamilton, Massachusetts 01982, as recorded in Record Book 12864, Page 487, in the offfice of the Registry of Deeds, County of Essex, Massachusetts:

The land with the buildings and improvements thereon situated in the Town of Hamilton, County of Essex, Commonwealth of Massachusetts, shown as Parcels 5 and 20B on a plan entitled "Plan of Land in Hamilton, Property of Alice M. Coffin", dated November 9, 1967, prepared by Essex Survey Service and recorded with the Essex South Registry of Deeds, Plan Book 110, Page 97.

Said Premises are further described as follows:

PARCEL 5

Beginning at a point marked by a stone bound which is distant

One Hundred Eight and 32/100 (108.32) feet scaled in a

southeasterly direction from the end of Meyer Lane in the Town

of Hamilton, as shown on a plan hereinbefore mentioned; thence

running

NORTH 40' 10' 30" WEST by land now or formerly of Aldrich, as

shown on said plan, One Hundred Eight and 32/100 (108.32) feet

to a point; thence turning and running

NORTH 54' 21' 00" EAST along land shown as lot 20B on said

plan, Six Hundred Ten and 00/100 (610.00) feet, to a point

marked by a drill hole; thence turning and running

SOUTH 35' 49' 50" EAST by land now or formerly of Wendell, as

shown on said plan, Two Hundred Nine and 33/100 (209.33) feet

to a point marked by a drill hole; thence

SOUTH 35' 18' 50" EAST by land now or formerly of Wendell, as

shown on said plan, Three Hundred Twenty Nine and 38/100

(329.38) feet to a point marked by a drill hole; thence

SOUTH 39' 41' 20" EAST by land now or formerly of Wendell, as

shown on said plan, One Hundred Seventy-Six and 79/100 (176.79)

feet to a point; thence turning and running

SOUTH 50' 18' 40" WEST by land shown as Parcel 4 on said plan,

Three Hundred One and 43/100 (301.43) feet to a point; thence

turning and running

NORTH 50' 17' 10" WEST by land now or formerly of Aldrich, as

shown on said plan, Seventy-Six and 26/100 (76.26) feet to a

point marked by a stone bound; thence

NORTH 64' 23' 10" WEST by land now or formerly of Aldrich, as

shown on said plan, Ten and 00/100 (10.00) feet to a point

marked by a utility pole; thence

NORTH 64' 23' 10 WEST by land now or formerly of Aldrich, as

shown on said plan, Six Hundred Five and 25/100 (605.25) feet

to a point marked by a stone bound; thence

NORTH 40' 10' 30 WEST by land now or formerly of George D. Aldrich, as shown

on said plan, One Hundred Eight and 32/100 (108.32) feet to a point marked by

a stone bound and place of beginning.

Containing approximately 7.87 acres, according to said plan.

PARCEL 20B

Beginning at a point in the center line of Meyer Lane in the

Town of Hamilton as shown on a plan hereinbefore mentioned;

thence running

NORTH 46' 21' 30" WEST on a curving line along the center of

Meyer Lane by land now or formerly of Miller, as shown on said

plan, One Hundred Six and 97/100 (106.97) feet to a point;

continuing along the center line of said Meyer Lane on a

curving line with a radius of 275 feet as shown on said plan

Sixty-eight and 03/100 (68.03) feet, then running

NORTH 43' 23' 45" EAST along Lot 20A as shown on said plan,

Twenty-Five and 69/100 (25.69) feet to a point; thence

NORTH 60' 38' 52" EAST along land shown as Lot 20A on said

plan, Six Hundred Fifty-Three and 59/100 (653.59) feet to a

point marked by a drill hole; thence turning and running

SOUTH 35' 49' 50" EAST along land now or formerly of Wendell,

as shown on said plan, Ninety-eight and 26/100 (98.26) feet to a

point marked by a drill hole; thence turning and running

SOUTH 54' 21' 00" WEST along land shown as Parcel 5 on said

plan, Six Hundred Ten and 00/100 (610.00) feet to a point;

thence

SOUTH 43' 38' 30" WEST along land now or formerly of George D. Aldrich, as shown on said plan, Twenty-Five and 00/100 (25.00) feet to the point and place of beginning.

Containing approximately 2.01 acres, according to said plan.

Said Premises are conveyed subject to and with the benefit of easements and restrictions of record to the extent the same are in force and applicable.

For title see Essex County Probate No. 359252 and Deed from Estate of George Von L. Meyer, dated December 21, 1936, recorded at said Deeds, Book 3094, Page 454, Deed from George D. Aldrich, dated December 21, 1956, recorded at said Deeds, Book 4337, Page 76 and Deed from Charles A. Meyer, dated August 26, 1950, recorded at said Deeds, Book 3768, Page 207.

For the property at 776 Bay Road, Hamilton, Massachusetts 01982, as recorded in Record Book 12864, page 493, in the office of the Registry of Deeds, County of Essex, Massachusetts:

The land in said Hamilton with the buildings thereon bounded:

SOUTHEASTERLY by Main Street (now called Bay Road) three hundred fifty-three and 97/100 (353.97) feet; SOUTHWESTERLY by land now or formerly of Francis S. Butler, three hundred fifty-three and 16/100 (353.16) feet by land now or formerly of Aldrich two hundred fifty-seven and 60/100 (257.60) feet;

NORTHWESTERLY by other land of the Grantor shown as parcel 5 on plan hereinafter referred to three hundred one and 43/100 (301.43) feet; and NORTHEASTERLY and NORTHERLY and NORTHEASTERLY by land now or of Wendell by five lines, one hundred twenty-eight and 50/100 (128.50) feet, two hundred twenty-eight and 60/100 (228.60) feet, seventy-two and 53/100 (72.53) feet, one hundred sixty-one (161) feet, and sixty-four (64.00) feet respectively. Containing four acres more or less and being shown as parcels 1, 2, 3, and 4 on Plan of Land in Hamilton Property of Alice M. Coffin dated November 9, 1967, by Essex Survey Service and recorded with Essex South District Deeds in Plan Book 110, Page 97. Said premises are conveyed subject to a twenty-foot wide right of way substantially as shown on said plan for passage by foot and by vehicle and for all other purposes for which ways now are or may hereafter be used in the Town of Hamilton, which the grantor hereby reserves and excepts as appurtenant to Grantor s remaining land shown as Parcels 5 and 20B on said plan for the benefit of herself and her successors in title of record. Said parcels 1, 2, 3, and 4 are to be held as one parcel until further order of the Planning Board of the Town of Hamilton.

There is contained within said parcel a parcel of registered land shown thereon as parcel 2 and as described in Certificate of Title No. 11475 according to said plan and which is now described in Certificate of Title No. 20213 and is bounded and described as follows:

SOUTHEASTERLY by Main Street, two hundred ninety-four and 97/100 (294.97) feet; SOUTHWESTERLY three hundred sixty-four and 30/100 (364.30) feet; NORTHEASTERLY two hundred seventy-seven and 29/100 (277.29) feet by other land of Grantor conveyed herein; and NORTHWESTERLY and NORTHEASTERLY by land formerly of Rudolph L. Agassiz and now or formerly of Wendell on three courses measuring seventy-two and 53/100 (72.53) feet, one hundred sixty-one (161.00) feet, and sixty-four (64.00) feet respectively.

All of said boundaries are determined by the Court to be located as shown upon plan numbered 2365-B drawn by Raymond G. Allen, Civil Engineer, dated December 17, 1936, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title No. 11475 in said Registry and the above described land is shown as Lot A on last mentioned plan. The above described land is subject to a right of way twenty feet wide as shown on said plan, as set Bo ok 3094, Page 454, and also filed for registration as Document No. 33854 in said Registry.

Said premises are conveyed subject to the reservations and with the benefit of rights, easements and provisions described in a deed from Charles A. Meyer et. al. to Alice M. Coffin dated August 26, 1950 and recorded in said Deeds Book 3768, Page 207, and filed as Document No. 60393 in the Southern Registry District of Essex County.

Said four parcels comprise a portion of land conveyed to Alice M. Coffin by deed of Charles A. Meyer et. al. dated August 26, 1952 and recorded in Essex South District Registry of Deeds, Book 3768, Page 202 and registered with the said Registry District (see Certificate of Title No. 20213).

Being the same premises conveyed Rhetta B. Sweeney by deed dated March 20, 1986, to be recorded simultaneously herewith.

Meaning and intending and hereby conveying the same premises conveyed to Grantor by deed of Rhetta B. Sweeney and recorded March 20, 1986, and recorded in the Essex County Registry of Deeds as Docket #209669.

The payment, releases of lien, mortgage and judgments, and conveyances required by this section shall be in full satisfaction of all claims that John and Rhetta Sweeney or their family may have against the United States in connection with any physical or mental injury or any financial loss of John or Rhetta Sweeney, arising from certain transactions from 1987 through the present concerning ComFed BancCorp. or its subsidiaries, the Resolution Trust Corporation, and/or the Federal Deposit Insurance Corp., concerning the properties as described herein.


SEC. 2. LIMITATION ON AGENT AND ATTORNEY FEES.

It shall be unlawful for an amount exceeding 10 percent of the payment or conveyance required by section 1 to be paid to or received by any agent or attorney for any service rendered therein. Any person violating this section shall be guilty of an infraction, and shall be subject to a fine in the amount provided in title 18, United States Code.