The URL can be used to link to this page

Home My WebLink AboutRecorded Perpetual Limited Easement BK 1 1918 Pile_ 6 28 4- O • 1- 12— 1999 t o2 i : PERPETUAL LIMITED EASEMENT Re: Lots #18A and 18B In Sea Acres, West Yarmouth, MA Grantor: John R. Burns, Jr., Executor and sole Beneficiary of the Estate of Miriam Ajemian Burns, and co- Trustee and sole Beneficiary of the Burns Family Trust, with Rosemary R. Burns, co-Trustee of the Burns Family Trust, joining in. For purposes of identification only, the above-named Grantors maintain a current residence at 211 Russell Lane,Abington,MA. - For consideration paid and received in hand of Ten Dollars and No Cents(510.00), the above-named Grantor, John R. Burns,Jr., acting in his fiduciary And in his individual capacity for himself Aug for the Burns Family Trust the Estate of Miriam Ajemian Burns, representing that he has a legal right to do so, hereby grants certain perpetual limited easement right to a defined portion of the below described real property, known as Lot #18A, to Grantee,Jeanne D. O'Donnell, her heirs and assigns,who is the current owner of Lot #188, which is located at 98 Acres Menne , West Yarmouth, Barnstable County,Massachusetts 02673-5002. y.` C O, 4c < ..., The subject premises are included in a plan entitled "Plan of Land in West Yarmouth; Massachusetts Being a Subdivision for the Dennisport Furniture Co."dated 211/52, scale 1"an 40', created by Chase, Kelly& Sweetser,Engineers& Surveyors,of Dennisport,MA 02639,which plan was duly recorded at the Barnstable County Registry of Deeds on 2/7152,and said easement interest conveyed herein is shown thereon as Lot #18A. a f The perpetual limited Easement in Lot #18A, specifically described herein,is granted to the owner of the fee to Lot #18B Sea Acres, who at the time of granting the Easement is Jeanne D. O'Donnell, and to the heirs, assigns and successors of said owner of Lot #18B Sea Acres, which is more commonly known as 98 Acres 4 Avenue, West Yarmouth,Barnstable County,Massachusetts 02673-5002. With regard to Lot#18A,the perpetual limited easement rights granted herein shall pertain to an area six(6) feet / in width, adjacent to and parallel to the boundary line between Lot #184 and Lot#18B, as it was defined on the ` "Plan of Land in West Yarmouth Massachusetts Being a Subdivision for the Dennisport Furniture Co." dated . 2/1/52,referenced above. (7- For the life and duration of the easement herein granted, the Grantor(s), owner(s)of Lot #18A waives all right to oppose or protest application of owner of Lot #18B for permits to create and install a septic system under Lot 1 #18B and/or under part of the limited easement area of Lot#18A as granted hereunder,provided said application and permit requests comply with Title V(and/or its successor laws), any variances that may be requested and approved, and with requirements of the Health Inspector or the Board of Health or the governing board of the Town of Yarmouth at the time of such application for permits or installation. Prior to the installation of any septic system, equipment or device to be installed in the area defined by this perpetual limited Easement, the then owner of Lot #18B shall provide the then owner of Lot #18A with a schematic plan drawn by a registered civil engineer or a registered sanitary engineer that is certified to be in compliance with the state sanitary code. The owner of Lot #18B, at her,his or their own expense,shall have the perpetual right and duty to maintain any such septic system, equipment or device installed in the defined easement area of Lot #18A and landscape the easement area in a manner that is consistent with the general topology and surrounding grade. Other than installation of a septic system and grading of the landscape of the easement area in the manner hereinabove described, neither Grantor nor Grantee nor their successors shall plant in or build upon or above said easement area.in any manner that will in anyway interfere with the purposes of this Easement. The exercise of the limited \ .. . 1/3 is 2 BEC 1 198 P0269 2`84 3 . PERPETUAL LIMITED EASEMENT Easement granted shall not, under any circumstances, invest the owner of Lot #18B with any fee ownership rights or adverse possessory rights in the fee of Lot#18A or any portion thereof. With regard to Lot #18A, the perpetual limited easement rights granted involve a portion of the same premises conveyed to John Robert Burns and Miriam Ajemian Burns,husband and wife, as tenants by the entirety,by deed of Vivian M. Ajeman with a release of curtesy by her husband, Charles E. Ajeman, dated 2/10/64 and recorded at the Barnstable County Registry of Deeds on 2/13/64 in Book 1238 at Page C� , being a portion of the same premises conveyed to Vivian M. Ajeman by deed of Dorothy Hatmaker dated 6/5/61, and recorded at the Barnstable County Registry of Deeds on 2/13/64 in Book 1205 at Page 441. The Grantee, Jeanne D. O'Donnell, and the heirs, assigns and successors of said owner of Lot #188 Sea Acres, is/are to hold the said perpetual limited easement hereby granted by the Grantor(s)in perpetuity. The perpetual limited easement is conveyed together with the benefit of and subject to rights of way,restriction, reservations, liens and other easements of record, at the time of conveyance, to the extent the same are in force and applicable. The existing fence shall be maintained by the Grantee, and the Grantee and her heirs, assigns and successors may, from time to time replace the existing fence with a fence of a similar type in the same location, or at any location that is parall&l to the boundary line but not more than six (6') feet from the boundary line. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX jXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX The terms Grantor and Grantee, whether used in the singular or the plural, shall include all Grantors and Grantees and their assigns, heirs, legal representatives, successors, whether corporate or individual as the context of this document admits or requires. In witness whereof, the Grantors have this i qday of January, 1999, signed and sealed this Perpetual Limited Easement. • ,x( x ak. 73>Ax)141.4) Witness: Li G •r:John R.Burns,Jr., acting in his fiduciary capacity as Executor of the Estate of Miriam Ajemian Burns x ��Cr -11‘. i 0.0)=0 l mess: G or: John IL Burns,Jr., act in his personal capacity and as Beneficiary of the Estate of Miriam Ajemian Burns 2/3 f ._ BK 1 1989 PG2?O 284 3 PERPETUAL LIMITED EASEMENT COMMONWEALTH OF MASSACHUSETTS County of Plymouth:ss Before me, a Notary Public in and for said Plymouth County and Commonwealth of Massachusetts, appeared the above named John R. Burns, Jr., acting in his various capacities, known to me to be the Grantor in the preceding Easement, and, while appearing to be of sound mind and free of undue influence, acknowledged the signing of this Eas m to be his, free act and deed. In testimony whereof, I hereby affix my signature and notary seal this 6, day of January, 1999. x Gc.GC-Ge.. Notary Public:William R.Tuttle My Commission expires:2/7/2003 e:easemnt5 jrb easenewl jrb 990201 18:50 BARNSTABLE COUNTY REGISTRY OF DEEDS A TRUE COPY,ATTEST `�15L JOHN F.MEADE,REGISTER BARNSTABLE REGISTRY a DEEDS 3/3 Yr Barnstable County Registry of Deeds John F. Meade RG425RP: Land Records copy request Dated: 06-10-2014 @ 8:55:50 Delivery: Pickup Wkstn: Req by: JAMES ODONNELL JR Local _A Local Trans #: 137215 Inst#: 01-12-1999 in Book: 11985 Page: 268 Page #' s requested: F-L # of pages printed: 3 Fee: 3. 00 Customer will pick up This document is referred to by the following documents: Book-Page Date # Type Description 12117 51 03-10-1999 A