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Home My WebLink About5063 21 Arlington St Deedr1 Y Doc:979PA51 09-10-2004 1:58 Ctf*:174350 BARNSTABLE LAND COURT REGISTRITJ Bk 19021 P9200 t71457 09-10-2004 81 0221Ov OUITCLAIM DEED Edward A. Kurker, General Partner of Hyannis Marine Service, LTD, of 10 Woodley Avenue, West Roxbury, Massachusetts for consideration paid of One ($1.00) Dollar , the receipt of which is hereby acknowledged; hereby grant to Wayne Kurker, Trustee of c Hyannis Marine Service Realty Trust u/d/t dated September 10, 2004 and filed and dvc 1?9, 650 recorded herewith, of 21 Arlington Street, Hyannis, Massachusetts, gwith quitclaim covenants, five (5) parcels of land located in Barnstable (Hyannis), Massachusetts, and Yarmouth, Massachusetts, more particularly described as follows: (a) three (3) parcels, located partly in Barnstable (Hyannis) and partly in Yarmouth, bounded and described as follows: PARCEL I: Registered Land NORTHEASTERLY by land now or formerly of Catherine A. Murray, and by I Lot B, measuring on the upland about four hundred four (404) feet; SOUTHEASTERLY by the northwesterly line of Arlington Street, two hundred thirty and 73/100 (230.73) feet; V) SOUTHWESTERLY by Lot C, measuring on the upland about one hundred t eighty-four and 99/100 (184.99) feet; and WESTERLY by Lewis Bay, Said land is shown as Lot A on a plan hereinafter mentioned. PARCEL 11: Registered Land NORTHEASTERLY by Willow Street, one hundred forty-six and 98/100 (146.98) feet; SOUTHEASTERLY by the northwesterly line of Arlington Street, ninety-two and 78/100 (92.78) feet; SOUTHWESTERLY by a portion of Lot A, one hundred eight and 20/100 (108.20) feet; and R Bk 19021 Pg 201 #71457 NORTHWESTERLY by land now or formerly of Catherine A. Murray, one hundred seventy-two and 71/100 (172.71) feet. Said land is shown as LOT B on plan hereinafter mentioned. PARCEL III: Registered Land SOUTHEASTERLY by the northwesterly line of Arlington Street, eight and 781100 (8.78) feet, and by said Arlington Street, one hundred eighty (180) feet; SOUTHWESTERLY by land now or formerly of Charles E. Young, measuring on the upland about seventy-eight (78) feet; WESTERLY by Lewis Bay; and NORTHEASTERLY by Lot A, about one hundred eighty-four and 99/100 (184.99) feet. Said land is shown as LOT C on plan hereinafter mentioned. All of said boundaries, except the water lines, are determined by the Court to be located as shown on subdivision plan 17344-B dated January 2, 1947, drawn by Bearse & Kellogg, Civil Engineers, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 55, Page 101 with Certificate of Title No. 8761, and said land is shown thereon as LOTS A. 1AND C. So much of the above described Lot A as was originally registered under Land Court Case No. 17323 is subject to and has the benefit of rights and easements as set forth in an Agreement between Catherine A. Murray and William C. Tuttle dated August 28, 1939 duly recorded in Book 556, Page 436, insofar as the same are in force and applicable. So much of said Lot A as was originally registered under Land Court Case No. 17323 is also subject to and has the benefit of the terms of a stipulation between William C. Tuttle and Catherine Murray filed with the papers in this case on June 26, 1940 and being Document No. 12,467 Barnstable Registry District. The above described premises are conveyed subject to an easement in favor of the Town of Yarmouth as set forth in Document No. 41413. Subject to and together with the benefit of Licenses and Plans as set forth in Documents No. 56534, No. 67708, and No. 113188. For title see Certificate of Title No. 69792. Bk 19021 Pg 202 #71457 PARCEL IV: Unregistered Land The land, together with the buildings thereon, situated in Yarmouth (at Railway Bluffs), Barnstable County, Massachusetts, at or near the village of Hyannis, so-called, said land being bounded and described as follows: On the EAST by Arlington Street, there measuring sixty (60) feet, more or less; On the SOUTH by Lot 37, there measuring sixty (60) feet, more or less; On the WEST by land formerly of Lewis and Oliver, sixty (60) feet; and On the NORTH by Lot 39, there measuring sixty-five (65) feet, more or less. i The granted parcel is Lot 38 on a plan entitled: "Plan of Sea Shore Lots belonging to Lewis and Oliver, at Railway Bluffs, Hyannis, Mass., E.S. Ellis, Surveyor, 1897" which said plan is duly filed in the Barnstable County Registry of Deeds, to which plan reference may be made for the location of the granted parcel and the other lots and streets herein maned. Said plan being duly recorded in Plan Book 27, Page 115. PARCEL V: Unregistered Land A parcel of land situated in said Yarmouth (at Railway Bluffs), Barnstable County, Massachusetts, at or near the Village of Hyannis, so-called, said land being bounded and described as follows: On the EAST by Lot 38, there measuring sixty (60) feet, On the SOUTH by the dividing line between said Lot 38 and Lot 37, continued Westerly in a straight line to the waters of Lewis Inner Bay, so-called; On the WEST by the waters of said Bay; and On the NORTH by the dividing line between said Lot 38 and Lot 39, continued Westerly in a straight line to the waters of said Bay. The plan above referred to is the same made by E.S. Ellis, Surveyor, July 1897 entitled "Plan of Sea Shore Lots belonging to Lewis and Oliver at Railway Bluffs, Hyannis, Mass." which said plan is duly recorded in said Registry in Book 27, Page 115. Bk 19021 Pg 203 #71457 Also conveyed are all licenses and permits for the erection and/or maintenance of piers, floats and wharves contiguous to or abutting the granted premises, derived from the Commonwealth of Massachusetts or any other instnunentality of Government. This conveyance is subject to an existing mortgage to Banlmorth, N.A. with a present balance of $863,32228 which the grantee agrees to pay. Executed this I e day of September, 2004, �G��L-QL Q /�.c.�r�f�✓ Edward A. Kurker, General Partner Hyannis Marine Service, LTD Commonwealth of Massachusetts Barnstable, ss On this 10's day of September, 2004, before me, the undersigned notary public, personally appeared Edward A. Kurker as General Partner for Hyannis Marine Service, LTDprovedto me through satisfactory evidence of identification which was 1 , ('kP_nce— , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. O�Nr.. �� .rl. ► �. My commission expires: ------------- ALISON 11 ST. UURENT Notary Publk . Cornamweafm of MassaMusen> MfCommiwn Expies A0242W . •..: -ram..-..; �:..��• V a E� . UJI f ENAJWHyannis Marine Service ``,;` r• Y4-�=• Bk 19021 Pg 204 #71457 TRUSTEE'S CERTIFICATE I, Wayne Kurker, Trustee of Hyannis Marine Service Realty Trust (the "Trust"), under a Declaration of Trust dated September 10, 2004 and recorded at the Barnstable County Registry of Deeds herewith. 1. That I am the sole trustee of Hyannis Marine Service Realty Trust; 2. That the Trust has not been altered, amended, revoked or terminated, other than expressly set forth herein; 3. That pursuant to the said Trust, the trustee has the power to mortgage, encumber, sell and convey and enter into any agreements, pertaining to property of the Trust; 4. That as trustee, I hereby state.that I am duly authorized by the beneficiaries of said i Trust to acquire the property at 21 Arlington Street, Hyannis, described in Deed recorded herewith. 5. That as trustee, I hereby state that I am duly authorized to execute and deliver any and all other documentation deemed necessary in order to complete the transaction hereinabove described. Executed as a sealed instrument this 10th day of September, 2004. Wayne KurkK�er Trustee Hyannis Marine Service Realty Trust COMMONWEALTH OF MASSACHUSETTS Barnstable, as. September 10, 2004 Then personally appeared the above -named Wayne Kurker, Trustee of Hyannis Marine Service Realty Trust , and acknowledged the foregoing instrument to be his free act and deed, before me. NPublic IrnY .J-� A U My Commission Expires: ALISON K ST. LAUREM PWIC Of menwhm trS �7 ExPWAA24,21 u M. Bk 19021 Pg 205 #71457 . � �e� ��orninnotzutea�i, 0��/1a�s�s u►,clu�sett� /r x Jtate JLoeae, 0oston, A7t mw1zz(t&c&r William Francis Galvin Secretary of the commonwealth September 7, 2004 To Whom it May Concern: I hereby certify that according to the records in this office, a Certificate of Formation of Limited Partnership was filed in this office by HYANNIS MARINE SERVICE LTD. in accordance with the provisions of Massachusetts General Laws, Chapter 109, on April 24, 1973. I also certify that the names of the General Partners as listed in the most recent filings are as follows: EDWARII A. KURKER 10 Woodley Avenue Wert Roxbury, MA I hereby certify that said Limited Partnership has not filed a Certificate of Cancellation to date. BARNSTABLECOUNTY EDS REGISTRY ECOPYFAETTEST JOHN F. MEADE, REGISTER In testimony of which, 1 have hereunto affixed the Great Seal of the Commonwealth + i ` on the date first above written. 1:1'3 ` Secretary of the Commonwealth B'lRNSTA9'_E REGISTRY OF DEE03