HomeMy WebLinkAboutLot Inquiry 10/20/99i
BUILDING
TOWN OF Y A R M O U T H EI.E(7. RIC:%L
GAS
1146ROUTE28 SOUTH YARMOUTH M SSAC:HUSETrS02664-4451 PLUMBING
Telephone (508) 398-` 231. Ext. 261 — Fax (508) 398-2365
SIGNS
BI:ILDING DEPARTNI ENT f -;-7— eS
BUILDABLE LOT INQUIRY FORM CJ
Lot No. Assessors' Map No. Street
Endorsement Date of Subdivision Plan and Type (if applicable)
Total Land Area (sq. ft) J t i /'� Frontage
Name of Current er
Cone�X
Inquire's Name (if different from owner) Telephone No 771
Inquire's Mailing Address �! �'
Building Intent Adjoining Lot Numbers
YJ
Cam- Z z Z-ro7
Signature of Applicant D e of Inquiry
na -6 -� —oi
JUU SEP 14 1999
FOR OFFICE USE ONLY
Does not conform with M.G.L. Chapter 40A, Section 6, single-15
Plan Exemption and/or the applicable zoning bylaw, as per information provided.
Conforms with M.G.L. Chapter 40A, Section 6 single lot exemption, and/or applicable
zoning bylaw as per information provided. ✓��i ' e y, y � -•x
Protected pursuant to M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption.
Application is incomplete. Comments:
a/
Adequate road access must-6e present. Determination of access shall be determined by the
Planning Board (f applicable).r
Must satisfy Title V requirements. `S ✓ dv-��
Must satisfy Conservation regulations, if appl
icable.
4tigator's
Signature_ !� � -�-- Date
- Pbr`CfT
MAP Q ACCT# 026B�R MAP 021 LOT Z67 PLAN NO.
r'f�y I LOC 00017 CH RD (& 17A )
ACCT# 02ib. S MAP 021 LOT Z64 .a�J
LOC 00036 'MALrKENZIE RD
PLAN N0. Y'LITICT
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DATE
SELLING
PRICE
ACCOUNT NO.
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LOC 00026 CKENZIE RD
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PLAN NO.
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DATE
SELLING
PRICE
ACCOUNT NO.
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ACCT# 026.14 MAP QQ i LOT Z65 -3 / PLAN NO.7�
P LOC 00025 BURCH RD
DATE
SELLING
PRICE
ACCOUNT NO.
Book/Doc
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3�h 72A
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JOHN C CRUCY. PC
A'T(IRNEV AT.LAW
'EA51 MAlISTRU7
� r ANEW MASSA'.4,S[ 7 75
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f 17, ppp
I, MARILYN BALCAZAR, of Yarmouth (South), Barnstable County,
Massachusetts, in consideration of THIRTY THOUSAND AND N01100
($30,000.00) DOLLARS paid, grant to ARTHUR H. NELSON and PAULINE
NELSON, husband and wife as tenants by the entirety, both of 5
Chestnut Street, Yarmouth (South), Barnstable County, Massachusetts!
with QUITCLAIM COVENANTS, the land in Yarmouth (South), Barnstable
County, Massachusetts, together with the buildings thereon, and
bounded and described as fol'.ows:
WESTERLY by MacKenzie Road, ninety and no/100 (90.00)
feet;
NORTHERLY by Lot 64, one hundred one and 46/100 (101.46)
feet;
EASTERLY by portions of Lots 66 and 67, ninety and
17/100 (90.17) feet; and
SOUTHERLY by Lot 62, one hundred six and 95/100 (106.95)
feet.
All of said boundaries are determined by the Court to be
located as shown on plan 21122--A (Sheet 10) dated January 10,
1948, drawn by Newell B. Snow, Engineer, as modified and approved
by the Court, and filed in the Land Registration Oftice at Boston,
a copy of a portion of which is filed in Barnstable County Registrl
of Deeds in Land Registration Book 80 Page 30 with Certificate of
Title No. 11690, and said land is shown thereon as LOT 63.
There is appurtenant to the above described land an easement
of way over MacKenzie Road and Aft Road as shown on said plan and
from South Shore Road, said right,: of way to be used for all pur-
poses for which ways are commonly used in the Town of Yarmouth and
in common with all others lawfully entitled thereto.
The above described land is subject to restrictions set forth
in Docurent No. 63.057.
Subject to an easement in favor of Cape 5 Vineyard Electric
Company et al registered as Document No. 27,229 and an easement in
favor of the Town of Yarmouth registered as Document No. 47,571.
JOH„y C CRENEV pC
&' -,PNfv •- •W
• r EAS' MA:N S TACE
. W.j'.5 •. �SArSE!*,
02661
6" .1, 04w
For my title see Certificate of Title No. 9 Vd",3
WITNESS my hand and seal this G day of November, 1983.
Marilyn B lcazar
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss November IG , 1983
Then personally appeared the above -named MARILYN BALCAZAR
and acknowledged the foreaoing instrument to be her free act and
�{ 1
deed, before me, kit
otary Public
My commission expires:
AFFIDAVIT t
Now comes MARILYN BALCAZAR who, first being duly sworn, does
on oath depose and say as follows:
1. That my father, ALBERT E. T(I%CKER, died on August 9, 1981.
2. That my mother, ETHEL M. FUCKER, died on March 4, 1977.
3. That since the date of my mother's death, my father,
Albert E. Tucker, had not re7aarried and that no divorce, annulment
or separate support proceedings were commenced in any court by
jeither of my parenLS.
AND P;RTHER YOUR DEPONENT SAYETH NOT.
kUjPj CLLc 12�>
Marilyn BaI-cazar
Subscribed and sworn to before
tart Public
My commission expires:��� �
jD"N C CREWY. P C
•'E►S' M►✓�S•WEE'
)AC,
5o' "• ff.Oi
i
5 We, LEONARD FYRCH and CORA M. BIRCH,
1 husband and wife,
of Barnstable (Hyannis) Barnstable County, Massachusetts,
xxAtadaL for considefation p vl, gml-t to ALRERT E. Tl1C!9P, and ErTFyL M. TUCKER,
} husband and wife, as tPilants by the entirety, both of 241 Lorraine
AV-nue, Vt. Vernon, New York,
Xobt
i.
i
With qutUIxtm rnwiunU
i;tccbwd= two certain parcels of registered land situate in Yarmouth
(Bass River), Parnstable County, Massachusetts, more particularly bounded
and described as follows:
Parcel I
On the North by Aft Road, a private way, 71.55 feet;
Cr the Northtast on a curve by the junction of Aft
Road an6 Maffenzie Road, a privat,- way, 44.C6 feet;
On the Fast by 1aacKenzie Road, 239.80 feet;
On the South by Lot 52, as shown on plan hereinafter
mentioned, 100 feet; and
On the Test by land now or form-rly of Philip Athanao
et al, 245.7� feet.
The above describe land is shown as LOTS 4951
and 51 on Land Court
Subdivision Plan No. 21122A (sheet 10 Pow er ficate of Title
No. 11690 in the Barnstable Ccunty Registered Land Cfflce in 1Pook 80,
Page 30.
Parcel 11
On the North by Aft Road, 66.05 feet;
On the Northeast on a curve by the Junction of
Aft Road ann Burch R ad, a private way, 43.77 feet;
On the East by Btu•cll Road, 153.7B feet;
On the South by Lot 67, as shown on the above men-
tionPd plan, IC4.5P feet; and
On the W-st by Lots 63 a7d 64, as shown on said
plan, 175.90 feet. —
Saia ]and is shown as LOTS 65 and 66 on the above mentioned plan.
There is conveyed as appurt-pant to said Lom�a 40 50 and 51 an easement of
way to said lets over t1acKenzie head and ARI Rp a A,f s7rMn on said plan
to and from South Srore Road, said ri[hts of way to be used for all pur-
poses for which ways are comr^only used in the Town of Yarmouth and to be
used in cannon with the �Xantors and the grantees, their heirs and assigns,
and others entitled thereto.
{` tda.dwl—Jmut I,nw-7,:..... n � .i .. Tr..'r� ly il.e Fsti�•i. 1
k '
There is conveyed as appurtenant to said Lots E5 and 66 an easement
of way over Aft Road ano Burch Read to and from said South Shore �
Road, said rights of way to be used for all purz,oses for which
ways are c0mmM1Y used in the Town cf Yarmouth and to be used in
ca=cn with the grantors and the prantees, their heirs and assigns,
and ethers entitled thereto.
Said land is ccnrpyed subject to the follewing restrictions:
1. Said rremises shall be used for residential purroses only.
2. The grantees shall ndt sell or convey the above descrited
premises without first offering in writing to sell or convey
the same to the grantors at a price not exce-idinp, the bona
fide offer of such other responsible party as may desire to
chase the same allowing to the grantors at least fourteen
pgurM) flays in whic{ to accept such offerThe provisions of
this paragraph, however, shall riot be binding upon any mart-
gaRee of said rremises. t'
5. No builds'ng or other structures shall be ?rected or maintained
on the above premises until the plans thereof shall nave b en
submitted to and approver' by the Exantors in writinpand,
the
P-entors steal! have the rieht to refuse to approve any plans
which in their opinion are not suitably or desirable.
For our title reference is m Of, to CortificatP of Title No. 14806
registerefi with Barnstable County RPkistered Lane' Records in Book 106,
Pape 26.
F LLL �.
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�t m � �C7t74X2'iCOmrOt1'1Dm�
Ndma
#ttarw .. our hard q tnd +caiS this- �
C,-.C,G �
'34f (IMMUnmaItq of filaom4lafirttu
Rarnstah]er v. January y� In 63.
Then personally apprised the above nanied Lpomrr! Purch
i
and xcknowledgcd the forugoins instrument to be MS free act and deed, before me
7 .......................
xotuT Pobtic — �t76101fd'EfIQiK
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(THt F0I.I.O*1`1i IS 'JOT A PART Of THE DEED, AND IS NOT TO DE RECORDED)
CHAPTER 183, 51"ON II, GKNPawL Lsys
A deed in su}warwe following the form entitled 'Quitclaim Deed' shaU when duly executed have the
force and effect of a dent in fee simple to the grantee, his heirs and xwgns, to his uw their own use, with
cOrtnants on the part of the grantor, for himself, his heirs, executors, administrators and successor, rrlh the
grantee, his berm. successors and assigns, that at the tine of the deliver} of such deed the premises were
free f7: ni all encumbrances made by lum, and that lie wdl, and his heirs, executors and adaucit5trator shall,
warrant and defetol the tame to the rrantee and his heirs and antgm forever against the lawful chums sad
dernands of all persons clawing bv, through or under the grantor, hue against none other
�lltY.[�Ftltil �PPPja
tLeonard
nwrch et ux
k
AV\ert E. Tucker et U e
JAN1 4i9"3
ItICIIV(D f00. u1GU,
"
49
� ra�K.n
pKAn�
.............ordod sad. .......... .... miomes....... ......... m.
Received and eoteced men ... ........ ... ............... ..... _.....
................................................................Deeds
i
�
Book .............................Page... ..........................
Attest:
....._......................................._........`-...
FROM THE OFFICE OF
Kenneth E. Wilson, Esq.
in -
HyannFermis, h ssachusetts
RETURN TO
MOaaa � W�a�F. IMG.
Mot-- a1�MUAM Isa�l /ow.+
bTOM . N @
Fo B82
e Regis
V JA 419bi
OkM[V PON I[ ATION
AT O ftOGc�A
a011� MCA" M
r 11aM
=COPY.
F DEEDS
REGISTRY
• i
COM?1%''WEAi,T,K OF MASSACHUSETTS
`LAND COURT
DEPAR dT QF TH TRIAL COURT
CASE NO. 21122-S
(SEAL)
Upon the petition of Marilyn Balc#xAr alleging that Albert
E. Tucker was the surviving registered owner in Certificate of
Title No. 29751 issued from the Registry District of Barnstable
County; - - _ -- — -- - — and further alleging that said Albert E. Tucker L_:C said
property as a tenant by the entirety with Ethel M. Tucker who
died March 4, 1977;
and further alleging the death of said Albert E. Tuckerr'""~�
testate on August 9, 1981, and the allowance of his Will by the -
Probate Court for toe.County of Barnstable, and said Commonwealth; '
„C�,ye. .'ems^ :.n-' ':a •' y: .. .
and praying for a new Certificate of Title, after due proceedings
it is, ... -
ORDERED: that said Certificate of Title No. 29751 be cancelled
aad a new certificate for the land described therein be issued to
Marilyn Balcazar of Yarmouth, in the County of Barnstable, and
said Co=rsonwealth.
By . she Court.
Attest:
JEMNE M. MALONEY
DEPUI 1 RECORDER
L
Dated: January 3, 1983
- .. µme..--- �r-...'��-�--•+�--"F'-�►���-....--I.r-...__-•p:r-•-�.r.--..-.--• �—
PB: 30 MacKenzie Road, South Yarmouth, MA. 02664
To be registered with order.
1. Affidavit of no divorce.
r =lt i
MDC/ml
3Z73 16
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0
REGISTAbL RY OF qu�DEEDS�
A TRUE COPY, A7T ST
�13L � � u.,Q.�,
JOHN F. MEADE, REGISTER
Y
14
:x
�a
r
ZUM Cm
0awan of TMt TILI& COST
cot go. M22-5
(?tAti) thaf " ar a��t io t
upon tba petitioA • �� 11° Teas
Albert E • T"C us Wastho."s,A ftm tbol Registry
Title U aty l
Gxti#icavf M's'a+s .
Oiatxjet tbltt said Alberta •.. tab g x.
bold
rtbc� ` 1 mtt bi � aati�ntiy
T'M a� �=h 4, t�T�: death of said Albert -
the i• ��_
abet olUd�a of ti!s �ttl 07
� t9bt the all0Vw4 said
teltste
ao Est 9' ty of tarnstshls.
the p0bnta Court fog the
Colmomiatth: of after
� s o� Cartiiisa� title,
sud P'r
s
rMceenuds , it its o bs
tbAt said Certificate •f titles �riibbed
�: aastiivate Los tba th6 in tba
tlsrit7a ssteasar of 'iar�
theraim ba ub�+ �d said Commmom tb•
CAgnty of
Sy tba act.
Attest,
jam
xt�
Vated-
.�_
goad $ �,tb to +
30 Mao 96
T; -�
l ritb osdsr. %7.
to be "itstsred
i. 1►fseit of wo dim
K9C 1�1
r 94Z?3
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It,
W
vv",13
I, MARILYN BALCAZAR, of Yarmouth in the County of
Barnstable and Commonwealth of Massachusetts, make this my
last will and revoke all wills previously made by me.
FIRST: I give and bequeath all of my tangible
personal property to my daughter, DAWN E. BALCAZAR, if she
;survives me.
I may leave a memorandum stating my wishes
with respect to the disposition of certain articles of my
tangible personal property. Such memorandum, however, will be
simply an expression of my wishes and shall not create any
trust or obligation, nor shall it be offered for probate as a
part of this will.
SECOND: All the rest, residue and remainder of my
estate, excluding all property over which I have any power of
lappointment, I give, devise and bequeath to the Trustees for
the time being of the MARILYN BALCAZAR TRUST, under a trust
?3, 1999, executed by me as Donor and
instrument dated Ap�4
of which I and DAWN E. BALCAZAR are the current Trustees, to
be held and administered by such Trustees in accordance with
the terms of such trust as the same may be amended by me from
time to time. The receipts of such Trustees to my Executors
shall constitute a final discharge to my Executors from all
furthe
r obligation to account to any person, born or unborn,
v
r n 'J
for the property to which each such receipt shall relate.
[nothing herein contained shall be deemed to constitute
incorporation of such trust by reference.
THIRD: All estate, succession, inheritance and
other similar taxes that may become payable during the
administration of my estate as a result of my death, but not
any taxes imposed on generation -skipping transfers under
Chapter 13 of the Internal Revenue Code or similar provisions
of any state law, shall be paid from the residue of my estate.
My Executors are further authorized to
request funds sufficient to pay, in whole or in part, taxes so
1payable from the residue of my estate, together with interest
and penalties on such taxes, if any, as well as to pay, in
whole or in any part, my debts, funeral expenses, the expenses
�of administering my estate and any pecuniary legacies provided
for in my will from the Trustees of the MARILYN BALCAZAR
TRUST, which is the beneficiary of the residue of my estate.
FOURTH: I nominate my daughter DAWN E. BALCAZAR to
�be the Executor of this will. If she fails to qualify or
qualifies and thereafter ceases to serve, I nominate my son-
in-law, RICHARD F. SELDEN, to fill the vacancy so created. I
request that any person named as executor be appointed
temporary executor upon application to the court. No
executor, temporary executor, or administrator with the will
lannexed shall ever be required to furnish any surety on any
-2-
official bond or be held responsible for any act or omission
�jof any other executor or administrator.
k FIFTH: I give to my Executors the following
powers in addition to and not in limitation of those granted
by law: (a) to retain any property received as part of my
Testate; (b) to make investments of a kind and in proportions
that are considered suitable trust investments; (c) to sell,
lease or exchange in such manner and upon such terms as they
!determine any of the property included in my estate, and to
sell real property, notwithstanding there may still be
personal property which may be disposed of, without the aid of
any court; (d) to make deeds and transfer any of the
property included in my estate without the aid of any court
I
land without liability on the part of the purchaser to see to
the application of the purchase money; (e) to borrow money
land to mortgage or pledge any part or all of my real or
p property ersonalto secure the payment of any sums so
rY1C3 borrowed; (f) to compromise and pay any inheritance taxes on
future interests; (g) to adjust or compromise any and all
claims in favor of or against my estate upon such terms as
they determine, without the aid of any court; (h) to credit
receipts and charge payments to income or to principal or to
both as seems fair to them; (i) to hold any and all property
in the name of a nominee or nominee
s without indication that
such property is held as part of my estate; (j) to make
!distributions in cash or in kind and to distribute separate
i
n-)13
shares in property different in kind from any other share;
(k) to delegate the right to sign checks and to have access
to any safe deposit box; (1) to appoint attorneys and other
agents for the purpose of making, executing, acknowledging and
delivering any deeds, transfers or other instruments, of doing
any ministerial acts necessary to be done, and of representing
and acting and voting for them at any meeting of any
organization; (m) to participate in any voting trust or in
tany plan of reorganization, refinancing or recapitalization,
s
lincluding consolidation or merger, and to take all steps they
(deem advisable in connection with such participation;
(n) whenever any property becomes distributable to a person
under the age of twenty-one, to distribute such property
without limit as to amount to a custodian for such person
under the Uniform Gifts to Minors Act or Uniform Transfers to
Minors Act of any jurisdiction.
In this will the term "executors" means
bland refers to the person or persons who may administer this
i
will. Plural pronouns shall be held to include the singular
wherever the context so permits.
SIXTH: Except as and to the extent provided
herein, I have intentionally and not as the result of any
accident, mistake or inadvertence omitted in this will to
provide for any of my issue now living or hereafter born or
adopted.
-4-
P
IN WITNESS WHEREOF I, MARILYN BALCAZAR, the
- -t- t
';testatrix, declare that I sign and execute this instrument as
my last will, that I sign it willingly in the presence of each
lof the witnesses whose signatures appear below, and that I
execute it as my free and voluntary act for the purposes
herein expressed, this � 3 day of 1999•
C& �n
We, the witnesses, each declare in the presence of
the testatrix that she signed and executed this instrument as
her last will in the presence of each of us, that she signed
it willingly, that each of us signs this will as witness in
the presence of the testatrix and at her request, and that to
the best of our knowledge the testatrix is eighteen years of
age or over, of sound mind, and under no constraint or undue
influence.
-5-
1
t COMMONWEALTH OF MASSACHUSETTS
i
Subscribed, sworn and acknowledged before me by the
testatrix and witnesses this,/"V, day of 1999.
Notary Public,'r
My Commission expires:
QLW F AMES, JR. NoWy
* CQ=* on Exams Aug. 5, 2=
-6-
Doo-980s666
Ct f 0 = 174482
BARNSTABLE
FIDICUARY DEED
09-22--2004 10 a S4
LAND COURT REGISTRY
I, DAWN E. BALCAZAR of 17 Cottage Street, Wellesley, MA 02482, as Executor of the
Estate of Marilyn Balcazar, Barnstable County Probate Docket No.04P0027EPi, by power
conferred in said Will and every other power
For consideration of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) PAID,
grant to
RAYMOND AN ETOMASO and KAREN ANTETOMASO, Husband and Wife, tenants
by the entirety, of 42 Pleasant Street, Stoneham , Massachusetts 02180
with QUITCLAIM COVENANTS,
The land situated in Yarmouth, Barnstable County, Massachusetts, bounded and described as
follows:
LOTS 65 & 66
LAND COURT PLAN 21122-A (SHEET 10)
Subject to and together with any and all matters of record insofar as the same are in full force
and applicable.
For title see deed recorded in Document No. 327,316 Certificate No. 95020 with Barnstable
County Land Court Registry. See also Estate of Marilyn Balcazar, Barnstable Probate Court
Docket No. 040027EP L
LOCUS: 25 Burch Road, Yarmouth, MA
WeaOVED F �p,WgAT"'
SY .
I
MASSACHUSETTS STATE EXCISE TAX
BARNSTABLE LAND COURT REGISTRY
Date: 09-22-2004 8 10:54aa
Ctl.: 712 Doc:: 980666
Fee: 91,710.00 Cons: t500PO00.00
RA : '. V l i ; AND
Date' 09.22 21304
. : i'„X
UL+nT 9,.FG7rl'RY
d 10:54ik
�c,-:: 9�0fF•6
+� _�� •ism• wr- • r.. .�...f+ � � a _i a f �,�., ! � � � � •
WITNESS my hand and seal this` 4 day of September 2004.
COMMONWEALTH OF MASSACHUSETTS
CountYA&kw
On this day of 2004, before me, the undersigned Notary Public, personally
appeared the above -named DAWN E. BALCAZAR proved to me through satisfactory evidence
Of identification, which was a MA Driver's License, to be the person whose name is signed on
the preceding document, and acknowledged to me that she signed it voluntarily for its stated
purpose.
(Raised Seal or Stamp)
ASyLY DEE&COtlMYDr
RE(3 S
A TRUE COPY ATTEST
F. l�tB1p
low
Notary Public
My Commission Expires : .'" y?.
*r
LINDA S.
Notary Pubic
Cammwww* of Mosechvi*ris
My Camn&&bn Expires
hux 19 20 *
BARNSTABLE REGISTRY OF DEEDS
Doc;980s666 09-22-2004 10:54
Ctf 4 a 174482
BARNSTABLE LAND COURT REGISTRY
FIDICUARY DEED
1, DAWN E. BALCAZAR of 17 Cottage Street, Wellesley, MA 02482, as Executor of the
Estate of Marilyn Balcazar, Barnstable County Probate Docket No.04P0027EP1, by power
conferred in said Will and every other power
For consideration of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) PAID,
grant to
RAYMOND ANTETOMASO and KAREN ANTETOMASO, Husband and Wife, tenants
by the entirety, of 42 Pleasant Street, Stoneham, Massachusetts 02180
with QUITCLAIM COVENANTS,
The land situated in Yarmouth, Barnstable County, Massachusetts, bounded and described as
follows:
LOTS 65 & 66
LAND COURT PLAN 21122-A (SHEET 10)
Subject to and together with any and all matters of record insofar as the same are in full force
and applicable.
For title see deed recorded in Document No. 327,316 Certificate No. 95020 with Barnstable
County Land Court Registry. See also Estate of Marilyn Balcazar, Barnstable Probate Court
Docket No. 040027EP L
LOCUS: 25 Burch Road, Yarmouth, MA � REQ�ATO`
BY THS
AIF zr-.W] . ,
Doc=989v02O 12-17-2004 2=32--**'
C!t r O =175389
BARNSTABLE LAND COURT RE TRY
FIDICUARY DEED
MEWNE. BALCAZ of 64 Corn Hill Road,Tniro, MA 02666 as Executor of the Estate of
cazar arnstable County Probate Docket No.04P0027EP 1, y power co
said Will and every other power
For consideration of FIVE HUNDRED TWENTY THOUSAND DOLLARS
($520,000.00) PAID,
grant to
J
CALVIN W. ANN1NO, JR. and FRANCES R. ANNINO, as tenants by the entirety, of
25 Overlook Drive, Westfield, Massachusetts 01085
The land situated in Yarmouth, Barnstable County, Massachusetts, bounded and described as
follows:
LOT 64
LAND COURT P 22-A (SHEET 10)
Subject to and together with any and all matters of record insofar as the same are in full force
and applicable.
For title see deed recorded in Document No. 323,732 Certificate No. 94273 with Barnstable
County Land Court Registry. See also Estate of Marilyn Balcazar, Barnstable Probate Court
Docket No. 04P0027EP1.
�z4r&lor
ilr OVED F ,3 i L ;,1 r�►1 ,E
Jy THE COURT
G
LOCUS: 30 Mackenzie Road, Yarmouth, MA
WITNESS my hand and seal this 4 day of December 2004.
-�-- W.
DAWN E. BALCAZ.,-12W110
00'0001ONS :su03 09'S81411 :aa3
Ob0686 :;-1100 0391 :4113
■aL£:io 6 t00L-Li-ZT :eaM
AIIISI938 ISM ONNI 319N1SHWil
XNl 3SIOX3 AIN= 319VISNSVI
COMMONWEALTH OF MASSACHUSETTS
County Eft r
On this 14 day ofP
, 2004, before me, the undersigned Notary Public, personally
appeared the above -named DAWN E. BALCAZAR proved to me through satisfactory evidence
of identification, which was a MA Driver's License, to be the person whose name is signed on
the preceding document, and acknowledged to me that she signed it voluntarily for its stated
pose.
otary Pu .c
My Commission Expires: D
(Raised Seal or Stamp)
rASSACHUSETTS STATE EXCISE TAX
BARNSTABLE LAND COURT REGISTRY
of Date: 12-17-2004 8 02MPs
Ct141 1640 Dxit "9020
Fee: s1.778.40 Cons: tMPOOO.00
RWABLE REGISTRY OF DEEDS
Commonwealth of Massachusetts
The Trial Court
Ra, nsta -f e Division Probate and Family Court Department Docket No,
( x ) without
Bond of ( ) with Personal Surety
(type of fiduciary)
( ) with Corporate Surety
Name cf Estate
Name and Address of Fiduciary Dawn E. Bal caza-r
Estimated Real Estate $800,000 Estimated Personal Estate—$1 50, Ono
Penal Sum of Bond, (if applicable)
I,WK the undersigned fiduciary accept appointment as Executrix
and stand bound — t - — (if applicable) to per-
form the statutory conditions of said bond and declare the above estimate to be to my — smr best knowledge and
belief.
Date __ ��, " ! J, Z00 3
Signature of Fiduc�a� Principal
(complete below only if this is a bond with personal sureties)
We, the undersigned, as su-e.'es, stand boundjointly and severally in the aforesaid penal suir'o perform the
statutory condition.
Personal Surety's Name and Address
SkjrSaiure
Personal Surety's Name and
Signature
The above sureties are in my opinion sufficient.
Signature
(complete below only if this is a Surety Company Bond)
City or Town
We, the undersigned surety company, a corporation duly organized by law under the state of
and having a usual place of business in
stand bound as surety, in the aforesaid penal sum, to perform the statutory condition.
by h
Corp
°'Im t"rety (nae) .[ Signature and Tine
Y N'
W-P 2613/89) Register -of The Probate and Family Ccurt
Commonwealth of Massachusetts
Barnstable Do
The Trial Court
Division Probate and Family Court Department 04-P0027EP1
Docket Na.
in the Estate of ma,11,Balcazar
Information and Rights of Interested Parties
(G. L. c.215 § 308)
1. A petition has been presented to the Court by Dawn E. Balcazar
(Name of Petitioner)
of Wellesle 02481
(Street) (cityfrown)
(ZP)
to be appointed Executri _ of the estate of Marilyn Balcazar
2. This information is being sent to you as a party who is believed to have a legal interest in this case in order
to inform you of your rights.
3. The papers related to this case are on file at the table
Probate and
Family Court located at I Main Street (Division)
Barnstable 30 362-2511
(street) (Ugy)
(Phone No.)
4. The petitioner may ask you to assent to his/her appointment or to actions taken by him/her after his/her
appointment. Your assent allows the Court to act on a matter without further notice to you or a hearing.
Before you assent, you should carefully read the information in this form, and you may want to seek the
advice of a lawyer. After you assent, you cannot ask the Court to reconsider except for fraud or manifest
error.
5- An individual or corporation (corporate fiduciary) appointed as an executor, administrator,
conservator or trustee is often called a fiduciary because they act in a position of trustgand area
responsible for their actions in administering the estate. The fiduciary must accept the appointment and
agree to perform the duties of the position by filing a bond. The bond must have sufficient sureties in an
amount approved by a judge to provide guarantees that the fiduciary will discharge his/her duties under
the law. An individual fiduciary can be exempt from providing sureties if the requirement is waived by the
deceased person in his/her will. Corporate fiduciaries are exempt from giving sureties on their bond by
statute. In addition, the heirs of the estate, and other interested persons, other than creditors, may assent
to the bond being without sureties. No provision for waiving sureties on the bond is provided in a
guardianship of the estate or conservatorship. Interested persons may request a judge to require sureties
on the bond at any time. An action on the bond may be brought by an interested person, if a fiduciary has
failed to perform the duties of the position.
6. A fiduciary is required, within three months of appointment, to file an inventory of the real and personal
property which has come into the fiduciary's possession or knowledge. If no inventory is filed, an interested
person may petition the Court to order the fiduciary to file an inventory.
(OVER)
CJ-P 150 0i/41 i
7. A fiduciary appointed by the Court is required, as a condition of the bond, to file an account at least once
per year. The account should contain the amount of property from the inventory and property received
after the inventory was filed, income received, debts paid, distributions made, fees paid to the fiduciary
or others, and the money or property remaining in the estate. A fiduciary may ask you to assent to
cis/her account. An assent signed by you means that you agree with all items reported by the fiduciary
in the account. Before you assent you should read the account carefully, have all your questions
answered and be satisfied that the account is accurate. If a fiduciary fails to file an account when it is
due, an interested person may petition the Court to order the fiduciary to file an account. You may have
to contact the Court to find out if an account has been filed. If a fiduciary files an account and asks the
Court to approve it, a notice of the request is required to be sent to persons who have a legal interest in
the estate. After notice has been received that the fiduciary intends to ask the Court to approve the
account, it is the responsibility of the interested parties to examine the account and to object to any
items which they regard as inappropriate. If you wish to object to the allowance of the account, you must
fife a written appearance with the Court on or before the date in the notice (the return day). Specific
objections must be filed within thirty (30) days of the return date. If no objections are made, the Court
may allow the account without further notice or hearing.
FIDUCIARY'S RETURN OF SERVICE
I hereby certify, under the penalties of perjury, that I have given a copy of the Information and Rights of
Interested Parties to the interested parties in this matter.
Name
2.
3.
4.
5.
6.
Date: 4/16/04
rl
Method of Notice
Mail/In Hand/Other (specify)
Signature
(Person seeking )
Name Dawn E. Balcazar
(Psease Print)
CO!MMQ�ZWEALTiq OF YASSACHUSETTS _
.LAND COURT
D£PART_q,TT. QF THE _TRIAL COURT r
CASE NO. 21122-S
(SEAL)
Upon the petition of Marilyn Balca;ar 41leging that Albert
E. Tucker was the surviving registered owner in Certificate of
Title No. 29751 issued from the Registry District of Barnstable
County;
and further. alleging that said Albert E. Tucker h.-'!.Id s,:{d
property as a tenant by the entirety with Ethel P. Tucker who
died March 4, 1977;
and further alleging the death of said Albert E. Tucker;o"—"
testate or. August 9, 1981, and the allowance of his will by the
Probate Court fo-r the fiCountX of Barnstable, and said Commonwealth;
and praying for a new Certificate of Title, after due p.oceedings
it is,
ORDERED: that said Certificate of Title No. 29751 be ca.-celled
aad a new certificate for the land described therein be issued to
Marilyn Balcazar of Yarmouth, ir. the County of Barnstable, and
said Cotmroonwealth.
By *Ae Court.
Attest:
JEANNE M. MALONEY
DEPUTY RECORDER
Dated: January 3, 1983
YB: 30 !MacKenzie Road, South Yarmouth, MA. 02664
To be registered with order.
1. Affidavit of no divorce.
TFAX con
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D0ce1,021s762 12-19-2005 1842
Ct f * 1 178831
BARNSTABLE LAND COURT REGISTRY
REGISTERED LAND
WE, ROBERT A. NELSON and WARREN A. NELSON, Successor Co -Trustees of the
Nelson Family Nominee Trust u/d/t dated October 10, 2001, and recorded with the
Barnstable County District of the Land Court as Document No. 849686 on Certificate of
Title No. 163349,
for consideration paid, and in full consideration of One Dollar ($l .00)
grant to WARREN A. NELSON and WENDY H. NELSON, Trustees of the W & W
NELSON NOMINEE TRUST u/d/t dated November 5, 2005, with a mailing address of
2 Stratford Court, Clifton Park, New York 12065,
with quitclaim covenants
d the land in South Yarmouth, Barnstable County, Massachusetts, bounded and described
as follows:
0
WESTERLY by Mackenzie Road, ninety (90) feet;
NORTHERLY by Lot #64. one hundred one and 46/100 (101.46) feet_
EASTERLY by a portion of Lots #66 and #67. ninety and 17/100 (90.17) feet
0
and
Y
SOUTHERLY by Lot #62, one hundred six and 95/100 (106.95) feet
N All of said boundaries are determined by the Court to be located as shown on plan 21122-
A (Sheet 10) dated January 10, 1948, drawn by Newell B. Snow, Engineer, and filed in
the Land Registration Office at Boston, a co which is filed in Barnstable County
Registry of Deeds in Land Registration Wok 80 Pa�e 30, with Certificate of Title No.
t 11690 and said land is shown thereon E� Lot #63.
There is appurtenant to said land an eased"IeM of way over Mackenzie Road and Aft Road
as shown on said plan to and from South Shore Road, said right of way to be used for all
purposes for which ways are commonly used in the Town of Yarmouth and in common
with all others entitled thereto.
ov Said land is subject to the rights granted in an easement given to the Cape & Vineyard
Electric Company, et a1, dated June 8, 1950, and being shown as Document No. 27,229.
Said land is subject to the rights granted in an easement given to the Town of Yarmouth,
dated March 30, 1956, and being shown as Document No. 47,571.
Z �
o►-
Said land is subject to a taking of Mackcnzie Road by the Town of Yarmouth, dated
April 12, 1967, and being shown as Document No. 111,403 entered upon by said Town
on February 4, 1969, and being shown as Document No. 128,107.
We, Robert A. Nelson and Warren A. Nelson, hereby certify that we are the Successor
Co -Trustees of the Nelson Family Nominee Trust; that said Trust has not been amended
or revoked as of this date and remains in full force and effect; and that we Have been duly
authorized by 100% of the beneficiaries of said Trust to execute and deliver this deed.
All the beneficiaries are of full age. All the beneficiaries are competent and they have
consented to this conveyance for One Dollar ($1.00). The original Trustees, Pauline
Nelson and Arthur H. Nelson died on October 30, 2004, and May 7, 2005, respectively.
Being the same premises as described in Certificate of Title No. 163349 registered in the
Barnstable County District of the Land Court as Document No. 849687.
Title Not Examined.
WITNESS our hands and seals this 5 t4, day of DV' , 2005.
Nelson Family Nominee Trust
By: r
Robert A. Nelson, Trustee
By: C(� �/ ��✓s ��
Warren A. Nelson, Trustee
STATE OF NEW YORK
COUNTY OF S..cP�c,a
On N •.4, c � , z o o � , before me, the undersigned notary public, personal ly
appeared Robert A. Nelson and Warren A. Nelson, who proved to me through
satisfactory evidence of identification, which were their driver's licenses, to be the
persons whose names are signed on the foregoing document, and acknowledged to me
that they signed it voluntarily as Trustees of the aforesaid Trust for its stated purpose.
Notary Publi
My Commission Expires: 3 �� lo'i
TIMOTHY WILLIAM NEWMAN
Notary Public, State of New York
Qualified in Slratoga County
Reg_ No. 01NEG124412
My Commission Expires March 28, 2009
BARNSTABLE REGISTRY OF DEEDS
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AL _..
OVARTHM Of TU 1RI& CURT
CAst no. i1122-1
(RIAL)
Upon the petition of Marilyn faltasse alleging that
Albert E. Thcker was the survivU4 registered owaar in
Certificate of title go. 2"69, issued frog the Registry
diatriet of Sag tabla Comtyt
asd fwrtbcr allejins that said Albert t. Tacker held
&aid property as a tacsat by the estiroty with itbal !t.
Tucker who died Match 4. 1971s
and furthsl alleging the death of said Albert t. *raker
testate, on Aepat 9. 19611 and the allowance of his will by
the probate hart tot the Comty of Baamuble, and said
Commmedtht
and praying for a sew certificate of Title, after dve
"dugs, it ia,
D: that said Certificate of Title Do. 24469 be
taacel1la mr certificate for the lead described
therein be issued to Marilyn balea:ar of Uvmuth, in the
Comty of son table, and said Cooroawslth.
iy the C wt.
Attest:
K M. ilAlaw
Sam g
Dated govember 4. 1933
us: 30 Mso Ksasis toad, 6outb Tar mth, NA. 026"
& TRUE
E5T1
To be tregistorod with order. %
1. At j!"vit of so dbom • ��TM REC�RDEA
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