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HomeMy WebLinkAboutCorrespondence 62023 Grylls, Mark From: Grylls, Mark Sent: Tuesday, June 20, 2023 4:52 PM To: aschulz@schulzlawoffices.com Cc: Sears, Tim; Inkley, Brad Subject: 32 Woodbine Ave Dear Atty. Schulz, Thank you for you detailed and thorough review of the parcel in question. I do agree with you that the lot is protected from merger. My only question is in regard to the mechanism through the bylaw that protects the lot. In 2014 Dep. Commissioner Brandolini indicated that the lot was protected from merger as the language in section 104.3.4 (2) provides the protection being as there is an adjoining lot which had been owned by the same person at certain point in time. Thank you, Mark MARK GRYLLS DIRECTOR OF INSPECTIONAL SERVICES/BUILDING COMMISSIONER TOWN OF YARMOUTH (508)398-2231 x 1260 1 SCHULZ LAW OFFICES, LLG THE SAMUEL ISHAM HOUSE 1340 MAIN STREET OSTERVILLE, MASSACHUSETTS 02655-1542 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBERT J. SCHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com June 14, 2023 Mark Grylls Director of Inspectional Services/Building Commissioner -...`` Town of Yarmouth R E C E l 4j D 1146 Route 28 South Yarmouth, MA 02664 JUN 15 2023 Re: Fabio NunesBy BUILDING DEPA Building Permit Application ANT 32 Woodbine Avenue, West Yarmouth, MA Our file: 24567 Dear Mr. Grylls: I represent Fabio Nunes in connection with his application for a building permit on a vacant parcel of land located at 32 Woodbine Avenue, West Yarmouth(the "Premises"). The Premises is shown as Lot 89 on the 1926 plan of land recorded in the Barnstable County Registry of Deeds at Plan Book 16, Page 75 (the "Hyannis Gardens Plan"). See Exhibit 1. The Premises is also shown as Parcel 101.1 on the Town of Yarmouth's Assessor Map 37. Pursuant to your department's review of Mr. Nunes' application, we have been requested to render an opinion whether Lot 89 is a buildable lot under the Town of Yarmouth Zoning Bylaw, as amended through April 26, 2022 (the "Bylaw"). In connection with our opinion, we have reviewed and relied upon the following: 1. That no zoning bylaw existed in the Town of Yarmouth prior to 1946, which affected the land shown on Exhibit 1. 2. The Premises is presently located in a R25 zoning district which presently requires a minimum lot size of 25,000 square feet and minimum frontage of 150 feet. See Table 203.50 at page 30 of the Bylaw. 3. The Premises is currently nonconforming as to minimum lot area and minimum frontage. The Premises has a shape factor (perimeter squared/area of lot) of 16.52 (390.96 x 390.96/9,253), which conforms to Table 203.50 of the Bylaw. 4. The Premises contains 9,253 square feet, more or less, as determined by MacDougall Surveying & Associates on the plot plan dated May 4, 2023. See Exhibit 2. 5. That the dimensional requirements affecting the Premises from 1946 to the present are as follows: a. 1946-1950 6,500 square feet b. 1950-1960 8,500 square feet c. 1960-1971 15,000 square feet d. 1971-1983 20,000 square feet e. 1983-present 25,000 square feet 6. On June 25, 2014, pursuant to a Lot Inquiry Form submitted by Jacalyn K. Davidson, owner of Lot 68 and Lot 67 (35 Marigold Road), the then Town of Yarmouth Building Commissioner James Bardolini issued a Decision that Lot 89 (32 Woodbine Avenue) "Conforms to the applicable provisions of M.G.L Chapter 40A, Section 6, and/or Section 104.3.4, Paragraph 2 of the Bylaw, as per the information provided on this date comment: Based on the Assessor's Records and related information." See Exhibit 3. Conveyances. Title to the Premises is assumed in Cape Recreation Center, Inc. by deed from 20tn Century Billiard Co., dated August 29, 1940, and recorded in Book 574, Page 142. See Exhibit 4. By deed dated January 15, 1947, and recorded in Book 663, Page 585, Cape Recreation Center, Inc. conveyed all the land shown on Exhibit 1, except lots 1, 9-16, 24, 31, 48, 77, 99 and 100, to Denman B. and Laura M. Wight (the "Wights"). See Exhibit 5. On the date of this deed, the majority of lots on the Hyannis Gardens plan were nonconforming as to area. By deed dated April 23, 1951, recorded in Book 812, Page 586, the Wights conveyed Lot 67 on the Hyannis Gardens plan to Daniel H. and Elsie Davidson. See Exhibit 6. According to Town of Yarmouth assessing records, a dwelling was constructed on Lot 67 in 1950. NOTE: At the time of this conveyance in 1951, the minimum lot size was 8,500 square feet. Lot 67 contains approximately 7,650 square feet based on lines depicted on the Hyannis Gardens Plan. Thus, Lot 67 was a nonconforming lot as to area. Since the Wights owned the abutting Lot 68, which contained only 4,500 square feet, on the date of the 1950 zoning amendment, Lot 68 merged with Lot 67 in 1950 when the Wights owned both 67 and Lot 68. Lot 68 could not have merged with Lot 89, because Lot 89, which contained 9,253 square feet, was a conforming lot until the 1960 zoning amendment, nine year later. Once a lot merges it cannot be unmerged, except by the Zoning Board of Appeals. I could not locate any such decision. By deed dated April 21, 1958, recorded in Book 1002, Page 427, the Wights conveyed Lot 68 and Lot 89 to Daniel and Elsie Davidson. See Exhibit 7. This deed conveyed the previously merged Lot 68 (with Lot 67), see "NOTE:" in preceding paragraph, and a conforming Lot 89, which was a complying lot containing 9,253 square feet. NOTE: Upon recording of the deed at Book 1002, Page 427 (Exhibit 7), two nonconforming lots for zoning purposes existed, Lots 67 and 68, combined by merger, containing 12,150 square feet and Lot 89, which contained 9,253 square feet. By deed dated June 22, 1967, and recorded in Book 1386, Page 175, Daniel H. and Elsie H. Davidson conveyed Lots 67, 68 and 89 to Elsie H. Davidson. See Exhibit 8. By deed dated August 14, 1981, recorded in Book 3539, Page 266, Elsie H. Davidson conveyed Lot 67 to her three children, Jennie T. Casey, Daniel H. Davidson, Jr., and J. Edward Davidson, reserving a life estate. See Exhibit 9. By deed dated March 23, 1996, recorded in Book 10129, Page 344, Jennie T. Casey conveyed her interest in Lot 67 to her brother, J. Edward Davidson. See Exhibit 10. By deed dated March 23, 1996, recorded in Book 10129, Page 345, Daniel H. Davidson, Jr. conveyed his interest in Lot 67 to his brother, J. Edward Davidson. See Exhibit 11. As a result of this deed, J. Edward Davidson owned all of Lot 67. Elsie H. Davidson ("Elsie") died on June 30, 1982, Barnstable Probate Court Docket No. 63865. At the time of her death, Elsie held record title to Lot 68 (merged with Lot 67 in 1950) and nonconforming Lot 89. Under Elsie's estate, title to Lot 68 and Lot 89 passed equally to her grandchildren, Thomas J. Casey, Shawn Casey, and Kerry Casey By deed dated April 8, 1996, recorded in Book 10161, Page 014, Thomas J. Casey conveyed his one-third (1/3) interest in Lot 68 and Lot 89 to Jacalyn K. Davidson. See Exhibit 12. By deed dated April 8, 1996, recorded in Book 10161, Page 016, Shawn Casey conveyed his one-third (1/3) interest in Lot 68 and Lot 89 to Jacalyn K. Davidson. See Exhibit 13. By deed dated April 12, 1996, recorded in Book 10161, Page 018, Kerry Casey conveyed her one-third (1/3) interest in Lot 68 and Lot 89 to Jacalyn K. Davidson. See Exhibit 14. By deed dated October 10, 1996, recorded in Book 10438, Page 129, Jacalyn K. Davidson conveyed Lot 68 to J. Edward Davidson. See Exhibit 15. This deed places record title to the merged lots (67 and 68) in J. Edward Davidson. Jacalyn K. Davidson died intestate on July 9, 2022, Barnstable Probate and Family Court Docket No. BA221567EA. Her only heir is her daughter, Carrie Davidson. By Decree dated May 5, 2023, the Court ordered that the personal representative, Robert D. Dimler was authorized to sell Lot 89. See Exhibit 16. Abutting Property: The Premises, shown as Lot 89 on the Hyannis Garden Plan, is abutted on the southwest by Lot 88. Lot 88, which contains 4,500 square feet, has an address of 30 Woodbine Avenue, West Yarmouth. According to the Town of Yarmouth Assessing Department a dwelling was constructed on Lot 88 in 1985, at a time when the minimum Lot size was 25,000 square feet. I have examined the title to Lot 88 from 1952 to the present. There has been no common ownership in Lot 88 and Lot 89 since Denman B. and Laura M. Wight (the "Wights") owned both lots between 1947 and 1952. NOTE: At the time Lot 88 and 89 were held in common ownership, Lot 89 complied with the dimensional requirements of the Bylaw. Opinion: Based on the above, it is our opinion that the property at 30 Woodbine Avenue, West Yarmouth, Massachusetts (Lot 89 on Exhibit 1 attached) is a buildable lot under the Town of Yarmouth Zoning Bylaw under a) the decision of the Town of Yarmouth Building Commissioner, James Bartolini on June 25, 2014; b) G.L. c. 40A, § 6 (fourth paragraph); and c) Section 104.3.4.1 (Single lots). This opinion does not address compliance of the proposed dwelling or appurtenances with any other state or Town of Yarmouth regulation, including but not limited to Board of Health or rules and regulations regarding subdivision land. Moreover, we express no opinion with respect to compliance with any regulations not specifically described herein. This opinion is limited to the matters expressly set forth herein, and no opinion is implied or may be inferred beyond the matters expressly stated herein. This opinion is being rendered based upon the current laws of the Commonwealth of Massachusetts and the Town of Yarmouth, and the provisions of its political subdivisions thereof, and the undersigned disclaims any obligation to notify the addressee of any changes in such laws that take effect after the date of this opinion. This opinion is furnished solely to you for the purpose referred to in the first paragraph hereof, and may not, without our prior written consent, be relied upon by, or furnished or disclosed, in whole or in part, to any person or used for any other purposes, other than your counsel and any participants or successors or assigns. Very truly yours, SCHULZ LAW OFFICES, LLC BY: Albert J. Schulz, Member AJS/jfs cc: Fabio Nunes opia -- 2) /23 (12)/ 2- Abutting Property: The Premises, shown as Lot 89 on the Hyannis Garden Plan, is abutted on the southwest by Lot 88. Lot 88, which contains 4,500 square feet, has an address of 30 Woodbine Avenue, West Yarmouth. According to the Town of Yarmouth Assessing Department a dwelling was constructed on Lot 88 in 1985, at a time when the minimum Lot size was 25,000 square feet. I have examined the title to Lot 88 from 1952 to the present. There has been no common ownership in Lot 88 and Lot 89 since Denman B. and Laura M. Wight(the "Wights") owned both lots between 1947 and 1952. NOTE: At the time Lot 88 and 89 were held in common ownership, Lot 89 complied with the dimensional requirements of the Bylaw. Opinion: Based on the above, it is our opinion that the property at 32 Woodbine Avenue, West Yarmouth, Massachusetts (Lot 89 on Exhibit 1 attached) is a buildable lot under the Town of Yarmouth Zoning Bylaw under a)the decision of the Town of Yarmouth Building Commissioner, James Bartolini on June 25, 2014; and b) Section 104.3.4.2 (Two (2) or three (3) adjoining lots) of the Town of Yarmouth Zoning Bylaw, as amended through April 26, 2022. This opinion does not address compliance of the proposed dwelling or appurtenances with any other state or Town of Yarmouth regulation, including but not limited to Board of Health or rules and regulations regarding subdivision land. Moreover, we express no opinion with respect to compliance with any regulations not specifically described herein. This opinion is limited to the matters expressly set forth herein, and no opinion is implied or may be inferred beyond the matters expressly stated herein. This opinion is being rendered based upon the current laws of the Commonwealth of Massachusetts and the Town of Yarmouth, and the provisions of its political subdivisions thereof, and the undersigned disclaims any obligation to notify the addressee of any changes in such laws that take effect after the date of this opinion. This opinion is furnished solely to you for the purpose referred to in the first paragraph hereof, and may not, without our prior written consent, be relied upon by, or furnished or disclosed, in whole or in part,to any person or used for any other purposes, other than your counsel and any participants or successors or assigns. Very truly yours, SCHULZ LAW OFFICES, LLC BY: Albert J. Sc z, Member AJS/jfs cc: Fabio Nunes EXHIBIT 1 , 24 HYANNIS GARDENS PLAN BOOK / 6 PAGE 75 JANUARY 1926 Cape Cod/arestment Company nobin3on Cambridge Mass. Edmund Scale /inch= Go feet 39 III ROO a A 5iPP°1O % IRt5 r1YIna" .—�1J°4 —9r 3 ,. e • I1.____----41---7--- 2) `rt''"1--.� 4 90 a 15 J! V fd n 44 e r do ° 4• _ 2:Z 9/ n 49 I8 ° • JS ,� ya At / 11,._ .:. , 9.1 ; h 7(jr-----.....,________:. 2 ° 44 J a W )o a O O �� i ' < W a in Q 93 e ,. J/ I, J JJ i , 5/ . ,5 a „r ti 94 e a Jj 7w w 95 23 8 ° q9 a > ° 8J w J/ )4 so , ! B ° Jo s. a 9 /X° sz Q e r alit ''.1 am, ,s �, i 4 I. m e Q S WriO .y 0 /ea a 54 ,. .T F Y re re' O e IC `_ Je I • ('�V ,2 rJ r4 i5 ? ° /6 r8 * 20 2/ 22 ° 24 28 Sib4s ..1s .� __,1 ,. !!t STATE $11 HIGHW• AY Q41 EXHIBIT 2 i PLW: 29aj79 Z_' I \Fop GG� \ �Q �4/ \ Iiz mop �� F.-7aP w 4- /f / t,04 \ �� 9 // IN)/ ap�� / 4' / CA .pyCo ♦•O (� o j r y /j\"I' \ II/ .' /'fp rn r/ 9 1,, �f tic //;:: ; N�'s rel.. 04.,,,, io r ..., O O /j o; 445.4,/ :: • . ♦0•// ,C / 'O� �'� n --r' It r ?6' m"'°o +%,O /cv / LO y >'' S S0, 0I .e' •�-OpJ\\\ j/ i ri t \ r�0 �\ RI)r I ? / Ila o DSOs /j \f-.. - 0 mp \.� o%f 1 1/ poi �w1 • o r 4 _``Tf 21 A \\ O' /j / / °�' o v Os ��� ...... \\ / p G'� / w a C' iv \ i c j °' p�+^ �ia� ! u m .f mr O i / .' µ r L V) r >I `` N.� ./ '/ . / / / / %N. /�. / / / o , / /N —..,i` / / m N U T N'D '0 p z D co t�i...-.. = CD N ^— zo--moo.... O ow Cp CO Q o�iyy/ D O n y n # vCi ♦ oa/tiF�'� cn D (n(n yL `<-r (f 9 X O• � +.. o mm�-7� Orr? � �� 8 �o-^•o R.0 '�0 ® V I • N Q Q `i ..,� W r'i TI C > ` Z N.+ N.-O r� 3 40 rn� �N � < ,f ...,SEA\ _ < Wn >"�� �D o cn o �°' N 00 CD = o rs' Z " M C0-0 g cn N+o �� c w > lay/ Z ?> M 'Z m EXHIBIT 3 ` « �� �� . /�/ �� ' , . B1xK.8�Ul�K� U�E�/t R�`����'� ll40Rout� 2H, �ou�� l�wro�ouNb ��/� 0�! --'' ' ~ , u64 508-39N'2231 v,t. 1I61 . LOT �/ /m��� ��� oa��� INQUIRY ' -'~'~ ` g purposes only) ,\sseemo^Ivluy No, 31 Lm No- \/\/\--_| _St�ct Addrcas 3� ---� Enuo�mmrnt Date uf8utJi�� R mnunm`JT? �npp|i«�h�) |x/z|LaodAr n(/4. h.) Name u[Cunc � O ��� '------ --Curren( Owner*n�r c\\ �//�kC�o�ddoy �� --� ~���_---- ,-- '-==_�zc�\ \d=`.{�-^,�� Telxphonr�o Inquirer's Name(if different hnmowncr)__ -----�~—==�� -__Te|epbomrNu' inquirer's Mailing Address qb ` P\CA ------- Building Intent Vam—'%V Adjoining Lift Ntjrnt),-rS afforded Certain herewfoic-undeveloped lwjkl�jjjd that,it)tile be.j,of rlj�; never previou S ly been tkitill upon. knowledge this jkq(S)ll;vs DECISION(for ofrice use only) Does nu«wppSn�'|m the uPdicab|c provisions of I�,G.LCbaper4OA Section U�5ni�v p/ 2 ~^°"o[Ile« caocw»»'ngU>iovv.usper/hcinh`nn,'iunpmvid«doo -isJoe,RC.Lso ' c on «uxP/i"» � �____ nm s^`the =pp|i*ab|c provisions vfKx.O L Chaplet- ' ^m 40� %uc� 0 ------- o zoning hyhw.m per the inbx��a/joupmnJed on--U/bdum. [ mc4. Para )f(Ile _ _1nvtecmdpumvmxm tile uypUxublepmvi^ionwufM.GL Chapter 40A.Section 6. Dc6oi|ivc plan Ex----------- c^cmpnoo. Application |p incomplete. Comments: __________ _____ _ ^uequmcmadacceomumhe present. �de�oninw�ov(a� p|xn»in�8«u�pomu�� m&f�<]l � `or�| phurm��|mqua��zex^shu1|bemudeby/he "�� '_, umcon/abuiUmy»,rmi,,O/apyUcnb|c) Shall satisfy Title V requirements. (See Health DeFxj ~� Shall satisfy Conservation regulations, i/opp|icoh|c� -_^- �Shall satisfy the Old Kings Highway RegionalRi dc Dimriu Commission (i/xpplicub|e} |ovest{8mo,^usi8nmu^, �M EXHIBIT 4 574 •Tben personally appeared the above named_ Harriett P. self! 142 and acknowledged the foregoing instrument to be her`free act and deed,before me -o�Nora'ry v oblic—fo...,-4-4,Pep.... My Commission Expire. ,I.7 ' 19 7 Barnstable, as., Received December 30, 1940, end is reoorded. 4 1 O . G4.4t.t '0.entnry.-.13i.1w1issr... NOY i .»!: if: .._. .... a corporation duly established tinder the lags of 1d2S�e ghtle at>aa , and having Its usual.place of business at .13a t.011 .:y, c •. - c S> Q1k ...Coup Massachusetts for,consideration aid .....Cane...Reci"oatierl_;,Centercor ors ion duly, p • ` q - grants to.:. Inc21C a....A._4........F X..............:.....„..: -. • es.tabliehed....under.the....lens of Massachusetts and Laving its usual C J place .Qf kluliness at Yfe at...YexrttQ:llt ll ,,'*1' , .. of 3Ye1st:..Yar*cauth ,nth• ff roatwata the land in Yarm011til.. cot;tib.y,•,of1B rnataole, described,'as follorrs i' • - (Description(Dription end encumbrances,.IS awl All:.the; lair as shown on Plan of "Hyannis Gardens", dated V • Jattuarf'1d26.and recorded in the Rosistry of Deeds for the County • • of Earns Lable, Plan Hook 16,;.Plan 75, excepting therefrom:the lots n::in creel 11, 3.2, 13, 14, 15,. 16, 24, 31, 40,' 77, arni 100, ,which ,tom :."",: have been heretofore convoyed. sal-3 cortveye(ncea.hainv recorded in:.- ) I .' the Barnstable Regis of Deeds. .,-# ib _ "X. Being the same'premises conveyede";,to ;O CentCent:lily Billiard Co. by .Joseph M. 'Wadden by deed dated Mare'X 30,"3040:`and recorded in - .s; a 6 Parnstable Comity:Registry of Deed :3oQk,564 :Pafe1249. This conveyance is made si;bjoc, to an and'a11 restrictions, •C casements or oncrmbrances-of record if any-there are. 4 s'i. ,' t: 9 •,- ` 't ' ' „ F. �' i fi • I .�4•ee , /IT Witness bitteIto1 the said. _.. . .20...Century...Billiard...:.o.. bas caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by Liicrz.el....J....Hynes.,........:.._ its..:.._.....P.r:.eaid.e.nt hereto duly authorized,this.. .twenty-ninth day of August ............._...in the year one thousand nine hundred and f 4x.ux., i °*•cgs; . i Signed and sealed in the presence of 2Zf'aii b `fs'c`GGrsGlf! .G�?j%�?piss ... by , ✓ �iy'•'.��d;r • 143 yta s i< r. d QIsututntfntruU11 of iaa$asrIit nrTfs t,( e, rfith�1ti . 8nrnn tal)lr; ss. lLtzrus.t 29'.f,kill �s7.u-i10A'7 .z Then personally appeared the above named t»icl,ae1....5......]Iynas • , • and acknowledged the foregoing instrument to be the free act and deed of the.......2D.th...C.enL:� jld: • . t 1.11....rrl ':�. '� ,.......,vyf', before me1.•i;s pt�. =C' J�Jj Mr commipion expires `Z:-` /.l.f , � $ f N.��-S V 0 T E At a special meeting of the stockholders of the 20th Centui"y Billiard Co., held on the 29th day of August, 1940, all of the stockholders being present in person, and notice thereof having been waived in writing and it appear- ing that it was for the best interest of the corporation, on motion duly made and seconded, it was unanimously voted: "To sell to the Cape Recreation Center, Inc. the real estate. in West Yarmouth, Massachusetts, being the premises conveyed to 20th Century Biiliard•Co. by Joseph M. Wadden by deed dated March 30, 1940, and recorded in the Barnstable County Registry of Deeds, Book 564, Page 249, and that Michael4,Hynes, its Treasurer be authorized and instructed to execute, ae Ok 9a'and : } deliver in the name and behalf of the 20th Century Bil1iAi o••••a.' ed for the same to the said Cape Recreation Center, Inc. VO• A t, .aaC1IG,. 7. $ e ur•'.y ' 'ki�i'it�(n l t! :3 a. Barnstable, ss., Received December 30, 1940, and is recorded. • 4140.* I,.Morey...B..._Baker, of Yarmouth (Ya:rmouthport) Barnstable County, Massachusetts, • b•vww .w,d. for consideration paid,grant to W8.1t.er...JI..._..Itar.Qhant..,............, of-said..Yar.moutq.._(Xarmouthport) with geftrtatm ranrnatda the land in.Yarmouth (Yarmouthport) County and Commonwealth aforesaid, together with the buildings thereon and more particular bounded and ine.wiotbn and encumbrances.if aori - described as follows: Beginning at the northwest corner of the granted premises at a post located on the east side of Railroad Avenue at a point marking the southwest corner of the land of the Yarmouth Register Corporation, and running in an easterly direction EXHIBIT 5 Barnstable, ss., Received January 15, 1947, and is recorded. 663 _. 585 Hyannis Trust Compaq,....a...baa.ss.aenuSe:tts...b. gcor _oration...xei.th...i.t�a.... principal plane of business in Barnstable Barnstable County, Massachusetts, present holder of a mortgage from Cape....Recreation.-..Center,....Inn, to Hyannis...Trust...C.ompany dated J.WI .._2..,.....2..46 • ' '\ recorded with Barnstable—County—Registry...of Deeds ' Book 655.0..........,Page 49 acknowledges satisfaction of the same 4. .H Witness bohf fof the said Byanni..s Trust....C.ompany has caused'ts corporate seal to be hereto affixed and these presents to be signed,in its namebaYf°by\ Walter 0 a , ._.,,,; G.erard...C.....Bess.e, its Treasurer this i.Qtri,5,./ 1 dky of January A.D.19 47 HYANNIS TRUST CODi ,l. .. 7 .::, '.__� 9 Qc ' byi .i✓! � 1i :/\ President ' by �,� r. / / Zr fff/ ; Treasurer rifle f Icnrmnnurralth of £Rassarhttsrtis t Barnstable ss. January:.....IL, 19 47 Then personally appeared the above named Gerard...C.....Besse ' and acknowledged the foregoing instrument to be the free act and deed of Byannis Trust Company . before me, Notary Yubse— My mmeniuton expire. _:. .. . '''' is - Barnstable, ss., Received January 15, 1947, and is recorded. 14$1_1 i Boston, Mass., -y"a /S ;9V7 / \ I, Matthew S. Heaphy, Clerk of the Cape Recreation Center, Inc. z hereby certify that at meetings of the Stockholders and Directors of said corporation, duly held in boston, Massachusetts on January/5—, a . 0 c 1947, the owners of all of the stook of said 'corporation'be ing`pr`eaisit"-. ," • 663 at said stockholders' meeting and all of the Directors being preib':' 586 at said Directors' meeting, it was unanimously "VOTED: That Charles S. Freeman, Treasurer of the corporation, be, and he hereby is authorized in its name and'behalf, to sign, seal with the corporate seal, acknowledge and deliver a deed dated Januaryic , 1947 from Cape Recreation Center, Inc. to Denman B. Wight and Laura M. Wight, husband and wife as joint tenants, of the property described in said deed and a Bill of Sale dated January 'S, 1947 from Cape Recrea- tion Center, Inc. to Denman B. Wight and Laura M. Wight, husband and wife,as joint tenants of the property described in said Bill of Sale, which deed and Bill of Sale have just been presented and read." I hereby further certify that Charles S. Freeman is the duly elected, qualified and acting Treasurer of said corporation, and that said vote has not been rescinded, altered or amended in any respect •! and is now in full force and effect. And I further certify that the instrument to which this eertificate is attached is the Deed referred to in the foregoing vote. A true copy, ATTEST: 6. uau „ CLer'kGc. • i VO'•. :' (. QAES_R CREALLQ LLF,Wl1'R, TNC_, e.__ a corporation duly established under the laws of the ^oromnnwp.el th of Massachusetts, and having its usual place of business at...agt Yarrouths varmouth, Ba nat -^le______County,Massachusetts,for consideration paid, grants to_ DENi,iA?_B. ''IC-iT anti LAU'3_1 : . WIGI'T, husband and wife. 4A faint tenants and not as tenants_b _the entirety and not as tenants in coition, both of _Iar^Yiith {‘crest)._ afar aiiL... with quittlatm muesasts thelandin_.Lest Ya.r-mouth_liforesiid, together with the huildtngA..thar_a.on, hour'ed__.and_described_..s.a_allows:-_._� [Description and encumbrances,if any] All the land as shown on Plan of "Hyannis Gardens"; dated 11 Jan. 1026, and recorded in the Registry of Deeds for the County of 3arnstable in Plan Book 16, Page 75. Excepting therefrori the Lots numbered t, 9, 10, 11, 12, 13, { 14, 15, 16, 24, 31, 4g, 77, 00 and 100, which have been heretofore conveyed. Said conveyances being recorded in, the Barnstable County Registry of Deeds. This conveyance is made subject to any and all restrictions, or casements if any there be. Being the same premises conveyed to it by 20th Century Billiard Co. by deed dated August 29, 1940, recorded with Barnstable County Registry of Deeds in Book 574, Page 142. } iI t . __ __--__—_ ___�____ f 663 ' - /"-" '9w7 �,°0587 ., or I MI[?litl DM iY , lril ` I11 ,V,. : .t?l i, IC t,,,,: I:'I 1 1:; C \ i.....\'.. r,. .1E ,.. nic\il 3 s C •1 .I tit r• 1 , \f in Witness b34tUtOf the said____-Cape Re_c_rea;.i.Q -j-errater,_�a1c-.---..__..__ .__.-.__ has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered in its name and behalf by__...__..._...._..C.1uu 1 ci s S. i'reetnae ; Nl its_.._..�s'_es!..sar- —.-___.-_--._hereto duly authorized, this _ __._. --- clay of__-_11 11.1_PY--_-_._-_____.___._in the year one thousand nine hundred and_fort;,[r�B�ien, Signed and sealed in presence of .tt L\I'.� I It .1IIJ1Ii L..a R Ca ..1.'1,... n�-., 'Gi , _._` 11 ---—' - by - •� :/ / ' .rr ��-i�a..� 1 Y... . ! aide Tca ntunwealtll of rr,:asatllusetts ? llll,L\i s.)oss Its•i cs tisucl is -• - e, SS. ..IA,rsuar-;:._!£�_:._ 1947. Then personally appeared the above named____,-.._-____L.li-rle. _ ...._ rt,.e:1an__,___. , ___ and acknowledged the foregoing instrument to be the free act and deed of the._.____....___...._...._...._..___.__. - ;al,e Recreatioi, enter, inc. before me, I .....Public^ 8',df7alt:-Y'1ralk My commission.expires......_. . i• _.._.. 19 ze 9 Barnstable, ss., Received January 15, 1947, and is recorded. 1114E We,...DENMAN---B....WIGHT-.-and.-LAD.FLA.-.M..._:JVI.GHT,....hUabRx3a...and-..wire, as joint �--\ t-enkults-.-.aad--iot as tenants by the entirety and not as tenants in - ` cs common, both of Yarmouth (West), Barnstable County, Massachusetts, Z = for consideration paid, grant to HYANNIS TRUST COMPANY, a banking corporation duly established under the laws of the Commonwealth of Massachusetts, having its prin- cipal place of business in that part of the Town of Barnstable known as Hyannis, Barnstable County, Massachusetts, Z. I'. with MORTGAGE COVENANTS, to secure the payment of 4 - , Twenty--Thousand and_.Ao/l00ths ($20,000.00) Dollars XC of which said principal sum Five Hundred Dollars ($500.00) are pay-able....quarterly, the balance of said principal sum payable N'o "o ar w EXHIBIT 6 We, DENMAN B. WIGHT and LAURA M. WIGHT, husband and wife, as joint 8 z tenants and not as tenants by the entirety and not as tenants in common, both 58 6 of Yarmouth (West), Barnstable County,Massachusetts, for consideration paid,grant to. DANIEL H. DAVIDSON and ELSIE DAVIDSON, husband and wife, as joint tenants and not as tenants by the entirety and not as tenants in common, both of Yarmouth (West) aforesaid, with rtntfrh:tat revenants thelandin Yarmouth (West) aforesaid, bounded and described as follows:- • (Description and encumbrances,if any) 4 Lot numbered 67 as shown on Plan of "Hyannis Gardens" dated Jan. 1926, and recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75, bounded and described as follows:- Southeasterly by Marigold Road, one hundred (100) feet, more or • less; Southwesterly by Lot 68 as shown on said plan, ninety (90) feet, , 'cf more or less; Northwesterly by a portion of Lot 89 as shown on said plan, seventy (70) feet, more or less; and q Northeasterly by land now or formerly of Werner Sippola, ninety- five (95) feet, more or less. Being a portion of the premises conveyed to us by Cape Recreation Center, Inc. by deed duly recorded with Barnstable County Registry of Deeds, Book 663, Page 585. Together with a right of way in common with others now or hereafter ;r:Lt;;eld::::ttol; over Marigold Road as shown on said plan. M iiii1 jt g i ,1,-.1-mt .r5,..,tlx .= x �? e Cosvut smelt IfBttnrus_.........ouit_.....___hand s and seal s this_...__........__ ._3 / ..day of.....__._........Apr il....._..._......I9_.51. C ........_.._..............._.........__.._.._._.___._._.____..._.._..........._..._.___..__... '� .-.fixer..za_P.,a:z.._W._:.-:�... .. ;�_.c�:�..c '... G , ...• ._.,,....,,.,_._..__.__.____..., utir tl ntmmnutue xith n# giaasarfluseta Barnstable, ss. April 2 3 �19 51 Then personalty appeared the above named Denman B. Wight and Laura M. Wight and acknowledged the foregoing instrument to be their free act and deed,before me AO/ /Y•SW�f t— Notary Pubii B[Qrp px My eomimw,on ewire,An:21A(//5 x fa Barnstable, ss., Received June 2, 1952, and is recorded. \ e • I r EXHIBIT 7 We, DENMAN B. WIGiiT and LAURA M. WIGHT, husband and wife, as joint tenants and not as'tenants by the entirety and not as tenants in common, 1002 both ¢2.7 of Yarmouth (West) N 0 T Barnstable County, 1reitsT a for consideration paid, grant to DANIEL N. DAVIDSON and ELSIE DSON, husband and wife, as xi: tenants and not as tenants yghe entirety and not as tenants in common, both. of Yarmouth (West) of eigir? I c I A L with �` � I A the land in Yarmouth (West) aforesaid, bounded and described as follows:- (Neer 43 enpnbrrces,if any) COPY Lots numbered 68 and 89 as shown on Plan of "Hyannis Gardens" dated Jan. 1926, and recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16,NPaee 75, bounded and described as 0 T follows:- Lot 68 A N A N ne Southeasterly by iari ,old Road, fifty (50) feet; Southwester p Tgetlb9Ga.slshAwrLon said pl15, E,ninetyl C I A (90) feet; e. Northwesterly by p t4eshown o of Lot 89 as on said plan, fifty (50) 't. ana COPY e. Northeasterly by Lot 67 as shown on said plan, ninety (90) feet. Lot 89 Northwesterly by Woodbine Avenue, ninety (90) feet; ee Northeasterly by land now or formerly of 'r,'erner Siopola, ninety-five (95) feet; Southeasterly by Lots 67 and 68 as shown on said plan, one hundred twenty (120) feet; and Southwesterly by Lot 59 as shown or. said plan, ninety (90) feet. f.`. N., i_ The above described lots being a portion of the premises conveyed to us by Cape Recreation Center, Inc. by deed duly recorded with 1 Barnstable County Registry of Deeds, Book 663, Page 585. ,.• 3ach of the above lots is conveyed together rith a right of way E • in common with others now or hereafter entitled thereto over Woodbine Avenue and ierigold Road as shown on said plan. i � aid emb scgrammx LesacrJsscsaittcgra�xe��l:rigl �� 4lcliltiy anzL�oeiretXh3st13r _ $ocv �aa7Szlsa� • iiteres...nun...hand s and seals this --- Al --`/`/"day of Aza...ta 19...5?.• K,'L:A.A.d.t.&P-— Imo. i' .G%0t 11 TCZ Vi- ,; go (cummmuvrattli of iseearhuarte 0 to Barnstable, se April . I. 19 58. N m z Then personally appeared the above named Denman B. Wight and Laura el. Wight ce Z C and acknowledged the foregoing instrument to be them.' )£reecact and deed,before rule / C a zC 11-.'i,V) =-,-' W COM10 tWLvLTX Pi-'INS;A:!IXITTS )t < �:J >��'Notary Public- Cfli2ffi51tK 2". 1; rz I� EI;aa_ XEaI.'Jl'. oral• f /, �/ t7 r � My commission expires y::C..7/4, 19Vs� g� ,r rr^255b mraostatis p l0o u-g . < '+'i-'�r 'T'+' r'Individual—Joint Tenaau—Tenant;hn Common—Tenants b the Entirty.) Y m fi Barnstable, se., Received April 29, 1958, and is recorded. • . EXHIBIT 8 20585 QUITCLAIM DEED (INDIVIDUAL) 882 We , DANIEL H. DAVIDSON and ELSIE n. DAVIDSON, husband and wife, as joint tenants and not as tenants by the entirety and not as tenants in common, both of Barnstable (Hyannis) Barnstable County,Massachusetts, hw*ewmwwwiwtt for consideration paid,f;rant to ELSIE H. DAVIDSON S of Yarmouth (West) , Barnstable County, Massachusetts, residing at 35 Marigold Road with quttrlatm caurnunte thclandin Yarmouth (West) shown as Lots 67, 68 and 89 on a plan entitled, "Plan of Hyannis Gardens -- January 1926", recorded with Barnstable County Deeds in Plan Book 16, Page 75, said land being more particularly bounded and described as follows: Lot 67 South easterly by Marigold Road, one hundred (100) feet; thence Southwesterly by Lot 68, ninety (90) feet; thence Northwesterly by a portion of Lot 89, seventy 00) feet; and Northeasterly by land now or formerly of Werner Sippola, ninety-five (95) feet. Lot 68 Southeasterly by Marigold Road, fifty (50) feet; thence Southwesterly by Lot 69 as shown on said plan, ninety (90) feet; thence Northwesterly by a portion of Lot 89 as shown on said plan, fifty (50) feet, and Northeasterly by Lot 67 as shown on said plan, ninety (90) feet. Lot 89 Northwesterly by Woodbine Avenue, ninety (90) feet; thence Northeasterly by land now of formerly of Werner Sippola, ninety-five (95) feet; thence Southeasterly by Lots 67 and 68 as shown on said plan, one hundred twenty (120) feet, and Southwesterly by Lot 88 as shown on said plan, ninety (90) feet. For our title, see Deed of Denman B. Wight et ux dated April 23, 1951 recorded with Barnstable County Deeds in Book 812, Page 586, and Deed of Denman B. Wight et ux dated April 29, 1958 recorded with Barn- stable County Deeds in Book 1002, Page 427. This conveyance is made subject to a mortgage with the Security Federal Savings and Loan Association of Brockton, dated April 22, 1965 and duly recorded with Barnstable County Deeds in Book 1295, Page 108. The c ideration for ibis deed is such that no Cederal or state stamps are required. Hu..1:86 t+ll 145 (*Individual--Joint 'Vomits--Tenants in Common--Tenants by the Entirety.) ; I . ..\ , BOW 1386 PAI:f 176 N. \\\<\ Mitistaiiet el.saki VISE01, .11441.. MOM*sif>.65441-grantio-al-60116-0f-idle.74=e craltri ji and-otilea-imeresta-themia. ittunui Mr hands and seals this day of. 19.4.2 Daniel H. Davidson .44•(.a4,fe.k.41,4-74.,-/ • Elise H. Davidson .• EXHIBIT 9 < 800X3539 PAGE 266 21813 QUITCLAIM DEED I, ELSIE H. DAVIDSON, residing at 35 Marigold Road, in West Yarmouth, County of Barnstable, Commonwealth of Massachusetts 02673, for consideration paid, and in consideration of $1.00 grant to myself, said ELSIE H. DAVIDSON, for my lifetime and upon my ' death, the remainder, IN FEE SIMPLE, over to my children, JENNIE T. CASEY, of 24 Holebart Street, Walpole, Massachusetts, DANIEL H. DAVIDSON, JR. , of Elton Road, West Yarmouth, Massachusetts and J. EDWARD DAVIDSON, of 35 Marigold Road, in West Yarmouth, Massachusetts, to have and to hold the said remainder IN FEE SIMPLE as Joint Tenants with the right of survivorship and not as Tenants-in-Common. with QUITCLAIM COVENANTS 1 The land, with the buildings thereon, situated in Yarmouth (West) , lBarnstable County, bounded and described as follows:- Lot number 67 as shown on plan of "Hyannis Gardens" dated 1 January 1926 and recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75, bounded and described as follows:- T SOUTHWESTERLY by Marigold Road, one hundred (100) feet, more , or less; SOUTHEASTERLY by Lot 68, as shown on said plan, ninety (90) feet more or less; NORTHWESTERLY by a portion of Lot 89 as shown on said plan, F' seventy (70) feet, more or less; and c NORTHEASTERLY by land now or formerly of Werner Sippola, ninety-five (95) feet, more or lss. P, v Together with a right of way in common with others now or hereafter entitled hereto over Marigold Road as shown on said plan. iFor title reference is made to deed of Daniel H. Davidson and Elsie H. Davidson to me, dated June 22, 1967, and recorded with said Barn- stable of Deeds, in Book 1386, Page 175. 4 WITNESS my hand and seal this day of August /y- , 1981 M LL i CLet--,,c rYa..0.1 ELSIE H. DAVIDSON COMMONWEALTH OF -MASSACHUSETTS BARNSTABLE, as August /y , 1981 Osterville, Mass. Then personally appeared the above-named ELSIE H. DAVIDSON t and acknowledged the foregoing instrument to be her free act and deed, before me i Robert M. La ird - i1 , ,� 1 My commission axp ,("6 0 tit., i'',/,',{t�i, S .1�i.p 0 REG'OROED)44199Z EXHIBIT 10 ( BPo10129-0344 90-04-02 10146 #017963 I , Jennie T. Casey, as joint tenant, of 12 Hobart Street, Walpole, Norfolk County, Massachusetts, 02081 , for consideration of $25 , 000 .00 paid, grant to J. Edward Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts 02673 , my one third undivided interest with QUITCLAIM COVENANTS in the land, with the buildings thereon, situated in Yarmouth (West) , Barnstable County, bounded and described as follows: Lot number 67 as shown on plan of "Hyannis Gardens" dated January 1926 and recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75 , bounded and described as follows: SOUTHWESTERLY by Marigold Road, one hundred (100) feet, more or less; SOUTHEASTERLY by Lot 68 , as shown on said plan, ninety (90) feet more or less; v NORTHWESTERLY by a portion of Lot 89 as shown on said plan, C- seventy (70) feet, more or less; and \ NORTHEASTERLY by land now or formerly of Werner Sippola, ninety-five (95) feet, more or less. Together with a right of way in common with others now or hereinafter entitled hereto over Marigold Road as shown on said plan. For my title see deed of Elsie H. Davidson to Elsie H. i Davidson et ali dated August 14 , 1981 duly recorded with said Barnstable Registry of Deeds in Book 3539 , Page 266 . See also Estate of Elsie H. Davidson, Barnstable Probate(� No. 63865 (1982) . nWITNESS my hand and seal this 3'� day of /! !lx,.t,(t,k , 1996 . i 7� nnie T. Ca y COMMONWEALTH F MASSACHUSETTS BARNSTABLE, ss . r/ / r A( 23, 1996 EAfi'aiA:'LE COLii;FY Then personally appeared the above named Jennie T. Casey, and acknowledged the foregoing instrument be her free ct REGISTF;r 5, [cEf.T deed, before me COUteraCISE TA?; a f iiiiii AC) " n UL Notary ublic rr� IOTA : .C,Li My commission expires: October 16 , 98 m " ; CH•rl I: .O.1 ha Or:l!l j L�tDxrn CiA a #31 #iliii ii:43 3> r co VI 7" �' BARNSTABLE REGISTRY OF DEEDS " N to 'n r CCUNTY EXCISE T!:?: 1; c.n c� m cp CM © o �" EXHIBIT 11 BP:10129-0345 96 04 02 10:46 #017964 I, Daniel H. Davidson, Jr. , as joint tenant, of 24 Elton Road, West Yarmouth, Barnstable County, Massachusetts, 02673, for consideration of $25, 000. 00 paid, grant to J. Edward Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts ' 02673 , my one third undivided interest with QUITCLAIM COVENANTS in the land, with the buildings thereon, situated in Yarmouth (West) , Barnstable County, bounded and described as follows: Lot number 67 as shown on plan of "Hyannis Gardens" dated January 1926 and recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75 , bounded and described as follows: N) (� SOUTHWESTERLY by Marigold Road, one hundred (100) feet, more or less; SOUTHEASTERLY by Lot 68, as shown on said plan, ninety (90) feet more or less; NORTHWESTERLY by a portion of Lot 89 as shown on said plan, seventy (70) feet, more or less; and NORTHEASTERLY by land now or formerly of Werner Sippola, ninety-five (95) feet, more or less. Together with a right of way in common with others now or hereinafter entitled hereto over Marigold Road as shown on said plan. For my title see deed of Elsie H. Davidson to Elsie H. Davidson et ali dated August 14, 1981 duly recorded with said Barnstable Registry of Deeds in Book 3539 , Page 266 . See also Estate of Elsie H. Davidson, Barnstable Probate No. 63865 (1982) . ( VccAde_jk, WITNESS my hand and seal this c3it.DG.day f 1996 . Da idson, r. COMMONWEAL OF MASSACHUSETTS BARNSTABLE, ss. 777/. 1996 Then personally appeared the above named Daniel H. Davidson, RUNST, tE i OLOY Jr. and acknowledged the foregoing instrum nt..to-be 's free ct RFGISTf;i' U D, s and deed, before me COU„')1 ISE ?�y 04/02/ P NAUL Nota y Public TDT41 ,;;,.LAC, My commission expires : Octob?t 16, 1998 -+ o o c ow .. x C iE 57.00 ca a co 00 a X Q gall@ELL rff jai ; 0:0 BARNSTABLE REGISTRY OE DEEDS Milli ii:45 LiJ a a L9.'f!'r r EXCISE. TO, �1 EXHIBIT 12 E* :10161-0014 96-04-22 1 :49 #022070 I, Thomas J. Casey, as Tenant in Common, of 67th Evacuation Hospital, Unit 26610, APO AE 09244 , for consideration of $1 .00 paid, grant to Jacalyn K. Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts 02673, my one third interest with QUITCLAIM COVENANTS in the land situated in Yarmouth (West) , Barnstable County, shown as Lots 68 and 89 on a plan entitled "Hyannis Gardens" dated January 1926 recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75 , said land being more particularly bounded and described as follows: Lot 68 SOUTHEASTERLY by Marigold Road, fifty (50) feet; thence SOUTHWESTERLY by Lot 69, as shown on said plan, ninety (90) feet; thence mi OF NORTHWESTERLY by a portion of Lot 89 as shown on said plan, y fifty (50) feet; and 1 0NORTHEASTERLY by lot 67 as shown on said plan, ninety (90) feet. a 1 Lot 89 1 NORTHWESTERLY by Woodbine Avenue, ninety (90) feet, thence NORTHEASTERLY by land now or formerly of Werner Sippola, 4 , ninety-five (95) feet; thence SOUTHEASTERLY by Lots 67 and 68 as shown on said plan, one r hundred twenty (120) feet, and SOUTHWESTERLY by Lot 88 as shown on said plan, ninety (90) ``ei 9 feet. 0 For my title see deed from Daniel H. Davidson et ux to Elsie H. Davidson dated June 22, 1967 recorded with Barnstable County Deeds in Book 1386 , Page 175 and Barnstable Probate No. 63865 (1982) for Probate of Estate of Elsie H. Davidson, i 1 ill WITNESS my hand and seal this Ok /4 day of , _. 1996. TTT Thomas J. Casey a k Major Thomas J. Casey, M.D. () II 1 I � 8P00161-0015 96-04-22 1 :49 41022070 COUNTRY: L) tkerz LAt) qesollaAA7 , 1996 Then personally appeared the above named Thomas J. Casey, serving in the armed forces of the United States, his serial number is 03O-52-3 816 , and acknowledged the attached or foregoing instrument to be his free act and deed, before me Name Rank Commissioned Officer in the active service of the armed forces of the United States BARNSTABLE REGISTRY OF DEEDS EXHIBIT 13 BP=10161--0016 96-04-22 1149 *022071 AIM I, Shawn Casey, as Tenant in Common, of 47 Mirror Lake Dr. , Norfolk, Norfolk County, Massachusetts 02056, for consideration of $1 .00 paid, grant to Jacalyn K. Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts 02673, my one third interest with QUITCLAIM COVENANTS in the land situated in Yarmouth (West) , Barnstable County, shown as Lots 68 and 89 on a plan entitled "Hyannis Gardens" dated January 1926 recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75 , said land being more particularly bounded and described as follows: Lot 68 SOUTHEASTERLY by Marigold Road, fifty (50) feet; thence SOUTHWESTERLY by Lot 69 , as shown on said plan, ninety (90) feet; thence NORTHWESTERLY by a portion of Lot 89 as shown on said plan, fifty (50) feet; and NORTHEASTERLY by lot 67 as shown on said plan, ninety 1 (90) feet. Lot 89 1 NORTHWESTERLY by Woodbine Avenue, ninety (90) feet, thence NORTHEASTERLY by land now or formerly of Werner Sippola, i QJ ninety-five (95) feet; thence SOUTHEASTERLY by Lots 67 and 68 as shown on said plan, one hundred twenty (120) feet, and C SOUTHWESTERLY by Lot 88 as shown on said plan, ninety (90) --Q feet. (11 For my title see deed from Daniel H. Davidson et ux to Elsie H. Davidson dated June 22, 1967 recorded with Barnstable County Deeds in Book 1386, Page 175 and Barnstable Probate No. 63865 (1982) for Probate of Estate of Elsie H. Davidson. \ WITNESS my hand and seal this u day of A r. I. . 1996 . V/ A/44,1. 47 Shawn Casey �e4, BP:101'6 1-0017 96--04-22 1 :49 11022071 COMMONWEALTH OF MASSACHUSETTS /Yd r , s s. r. i ES" , 1996 Then personally appeared the above named Shawn Casey and acknowledged the attached or foregoing instrument to be hex,,;;fVO9 act and deed, before me ....' F 4 Nota O,ica My commission expires:- ?-'LI \1C :• ""t•' v�',.�r'i } BARNSTABLE REGISTRY OF DEEDS EXHIBIT 14 ' , BPs10161-001€1 96-84-22 1=43 1022472 4 I, Kerry Casey, as Tenant in Common, of 12 Hobart Street, Walpole, Norfolk County, Massachusetts, 02081 , for consideration of $1 .00 paid, grant to Jacalyn K. Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts 02673 , my one third interest with QUITCLAIM COVENANTS in the land situated in Yarmouth (West) , Barnstable County, shown as Lots 68 and 89 on a plan entitled "Hyannis Gardens" dated January 1926 recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75, said land being more particularly bounded and described as follows: Lot 68 SOUTHEASTERLY by Marigold Road, fifty (50) feet; thence SOUTHWESTERLY by Lot 69, as shown on said plan, ninety (90) f...-_ 1 feet; thence NORTHWESTERLY by a portion of Lot 89 as shown on said plan, i'-'..5= fifty (50) feet; and Q ,- NORTHEASTERLY by lot 67 as shown on said plan, ninety V° (90) feet. o ta tk- Lot 89 Ss NORTHWESTERLY by Woodbine Avenue, ninety (90) feet, thence 1._ _.. NORTHEASTERLY by land now or formerly of Werner Sippola, 4v ninety-five (95) feet; thence SOUTHEASTERLY by Lots 67 and 68 as shown on said plan, one hundred twenty (120) feet, and ! t SOUTHWESTERLY by Lot 88 as shown on said plan, ninety (90) i feet. i, t For my title see deed from Daniel H. Davidson et ux to Elsie H. Davidson dated June 22, 1967 recorded with Barnstable County Deeds in Book 1386 , Page 175 and Barnstable Probate No. 63865 . (1982) for Probate of Estate of Elsie H. Davidson. , kr 1,/4 WITNESS my hand and seal this or day of Apr. / 1996. Kerr '-Cas 6.-) BP:10161-0019 96-04-22 1:49 0022072 At; COMMONWEALTH OF MASSACHUSETTS /U t;l( k , ss. A . 1 . 1996 Then personally appeared the above named Kerry'`r�4gjy acknowledged the attached or foregoing instrument to -h e• er. act and deed, before me .`%''St',f7'' a -A' St,.j sr41!" My commission expires:S _iy,„ a_� 00 1 i BARNSTABLE REGISTRY OF DEEDS EXHIBIT 15 Btu m 1043t8— 12S 59234 10- 1G--199G e 01 209 I, Jacalyn K. Davidson, as individual, of 35 Marigold Rd. , West Yarmouth, Barnstable County, Massachusetts 02673, for consideration of $1 . 00 paid, grant to J. Edward Davidson, of 35 Marigold Road, West Yarmouth, Barnstable County, Massachusetts 02673, with QUITCLAIM COVENANTS the land situated in Yarmouth (West) , Barnstable County, shown as Lot 68 on a plan entitled "Hyannis Gardens" dated January 1926 recorded in the Registry of Deeds for the County of Barnstable in Plan Book 16, Page 75, said land being more particularly bounded and described as follows: Lot 68 SOUTHEASTERLY by Marigold Road, fifty (50) feet; thence SOUTHWESTERLY by Lot 69, as shown on said plan, ninety (90) ---� I feet; thence Q NORTHWESTERLY by a portion of Lot 89 as shown on said plan, fifty (50) feet; and NORTHEASTERLY by lot 67 as shown on said plan, ninety (90) feet. For my title see deeds from Thomas J. Casey, Shawn Casey and Kerry Casey recorded with Barnstable County Deeds in Book 10161, Pages 14 , 16 and 18 respectively. th 1t AJ WITNESS my hand and seal this /D day of (Jc f , 1996. a.,. J#alyn K. Davidson COMMONWEALTH OF MASSACHUSETTS C7 BARNSTABLE, ss. October , 1996 Then personally appeared the above named Jacalyn K. Davidson and acknowledged the attached or foregoing instrument to be her free act and deed, before me ';;;;;::""" ':""'inault-Notary Public Adi My commission expires: October 6, 1998 BARNSTABLE REGISTRY OF DEEDS EXHIBIT 16 DECREE OF SALE OF REAL ESTATE Docket No. Commonwealth of Massachusetts The Trial Court PERSONAL REPRESENTATIVE BA22P1576EA Probate and Family Court Estate of: Barnstable Division Jacalyn Davidson First Name Middle Name Last Name Date of Death: 7/9/2022 After a hearing or on the uncontested Petition for Sale of Real Estate (hereinafter"Petition")dated (date) THE COURT FINDS: 1. The Petitioner is the Personal Representative(s) (hereafter"Personal Representative"). 2. Any required notices have been given to or waived by all interested persons and any guardian ad/item appointed has assented to the Petition and/or the report of the guardian ad!item has been considered by the court. 3. Venue is proper. 4. The current bond of the Personal Representative is sufficient or a subsequent bond has been filed. 5. An advantageous offer for the purchase of the subject real estate has been made to the Petitioner. 6. The interests of all parties will be promoted by an acceptance thereof. THE COURT DECREES AND ORDERS: 1. The Personal Representative, Robert D Dimler is authorized to sell and convey E at public auction ® at private sale upon the following terms: for the sum of $129,900.00 in accordance with said offer or for a larger sum, or at public auction, if he or she shall think best so to do, the real estate of said deceased described as follows: 2. DThe Commissioner of the Department of Revenue has released -discharged the lien on the real estate of the deceased. 3. ❑The Personal Representative may become the purchaser of the real estate. 4. The court further orders: - -. Date 32- 7j3 Judge Of the Probate and Family Court page 1 of 1 MPC 794(6/13/17) Exhibit A • in the land situated in Yarmouth (West) , Barnstable County, shown as Lots 68 and 89 on a plan entitled. "Hyannis Gardens" dated January 1926 recorded in the Registry of Deeds' for the County of Barnstable in .Plan Book 16, Page 75, said land being more particularly bounded, and described as follows: • . Lot 68 SOUTHEASTERLY by Marigold Road, fifty (50) feet; thence SOUTHWESTERLY . by Lot 69, . as shown on said plan, ninety (90). feet; thence • NORTHWESTERLY by a portion oflLot 89 as shown on said plan, fifty (50) .feetj and NORTHEASTERLY by lot 67 as shown on said plan, ninety (90) feet. Lot 89 • • NORTHWESTERLY by Woodbine Avenue, ninety (90) feet,. thence NORTHEASTERLY by land now or. formerly of Werner Sippola, • ninety-five (95) feet; thence SOUTHEASTERLY by Lots 67 and 68 as shown on said plan, one hundred twenty (120) feet, and • SOUTHWESTERLY by Lot 88 as shown on said plan, . ninety (90) • feat.