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Lot Inquiry 11/17/15
of rurrw 1 �✓'4 f3c v-i6 e OW2-7 TOWN OF YARMOUTH BUILDING DEPARTMENT 1146 Route 28, South Yarmouth, NIA 02664 508-398-2231 ext. 1261 LOT INQUIRY FORM (used for zoning purposes only) Assessors' Map No. 40 Lot No. � _Street Address Endorsement Date of Subdivision Plan and Type (if applicable) Total Land Area (sq. ft.) _ / U S/ A4Frontage 3 _ Q} + — g Name of Current OwnerDnr S J • ! h I I I Address U { �-- _Telephone No. Inquirer's Name (if different from owner) I �Gt ( p .—Telephone No.�-7 / Inquirer's Mailing Address I I O<t�S� (l+u�bV 1A- r-- Building Intent t 0 Adjoining Lot Numbers �7I & 2 ,3 By signing this applicati assert *�ding that the purpose of this inquiry is to determine whether the aforementioned lot(s) qualifies for prole io aff dretofore-undeveloped land and that to the best of my knowledge this lot(s) has never previously been bu J Signature of Applicant _ Date of Inquiry 1/� ECISION (for office use only) Does not conform to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption and/or the applicable zoning bylaw, as per the information provided on this date. Reason: Conforms to the applicable provision s of M.G.L. Chapter 40A, Section 6, an r Section 104.3 4, Para, -r of the zoning bylaw, as per the information provided on this date. Comments: eg Protected pursuant to the applicable provisions of M.G.L. Chapter 40A, Section 6, Definitive Plan Exemption. Application is incomplete. Comments: Adequate road access must be present. A determination of adequate access shall be made by the / Planning Board pursuant to M.G.L. Chapter 41 prior to the issuance of a building permit. (if applicable.) Shad satisfy Title V requirements. (See Health Dept.) Shall satisfy Conservation regulations, if applicable. Shall satisfy the Ol ngs Highway Regional Historic District Commission (if applicable) Investigator's Signature Date Rev. 8/02 LAW OFFICES OF PAUL R. TARDIF9 ESQ , P.C. 490 MAIN STREET YARMOUTH PORT, MA 02675 (508) 362-7799 (508) 362-7199 fax Melissa G. MacLeod, Esq. Paul R Tardif, EM. Wrsi. ,�f gstardiom www.tardiflow,com melissa tardiflaw.c m REFER TO FILE NO. September 28, 2015 Marls Grylls, Buil Town of Yarmou 1146 Route 28 South Yarmouth, Commissioner 02664 Re: Separate guildability of Lot — Lot Inquiry 148 CenteIF Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, MA Map 140, Parcel 59, 60 and 62 Dear Mr. Grylls: Please be owner of the prol Massachusetts (tl inquired with thi each other. I ha% Yarmouth Asses; Yarmouth Zonin buildable lots, w writing to detem 148 Cente advised that this office represents Doris J. Phillips, n/k/a Doris Murphy, the -rty at 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, Properties). My client intends to sell each of these properties, and has office whether they may be sold, and in two cases, built upon, separately from : reviewed the records at the Barnstable County Registry of Deeds, the Ws records, Massachusetts General Laws c. 40A, § 1 et al., as well as the Bylaw. Based on that research, it is my opinion that the Properties are each ich entitles my client, or a successor owner, to building permits by right. I am ne whether, based on the information presented herein, you concur. irmouth Port, MA (Map 140, Parcel 59): The Property is denoted as Parcel 59 on the Town of Yarmouth Assessor's Map 140. 1 have attached a copy of the relevant Map, and have denoted the Property in orange highlight. Title to the Property is currently in the name of Doris J. Phillips, and is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24, dated September 24, 1 96. The property is denoted as Lot 2 as shown on a plan entitled "Subdivision Plan of Land in Yarmouth, Mass., for Irving C. & Lydia H. Ellis, Scale 1"=50' May 1960, Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass.", which said plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page 151. (the "Plan"). I have �attached a copy of the Plan for your review. Currently, and based on the field Page 1 of 6 Letter to Mark Grylls 1 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. lncludi g Ms. Phillips's ownership, the title to the property is as follows: -Lydia H. Ellis to Poris J. Phillips by deed dated September 24, 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24 (Life Estate retained by Lydia); -Irving C. Ellis to�rving C. Ellis and Lydia H. Ellis by deed dated September 12, 1958, recorded in the Barnstable ounty Registry of Deeds in Book 1016, Page 467; The total area of the Property is approximately 20„020 square feet and contains 127 feet of frontage on Cer ter Street. The Property is located in the R-40 zoning district, which mandates the following current minimum bulk requirements for a single family use: Minimum of Area: 40,000 sf Minimum rontage: 150 ft Front Yar Setback: 30 ft Side Setb k: 20 R Rear Setback: 20 ft 2 Ellis Circle, Fa�mouth Port, MA (Map 140, Parcel 60): This prop rty is currently titled in the name of Doris J. Phillips, by virtue of a deed dated September 24, 19 6, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24. The property is denoted as Lot 3 as shown on the Plan. The lot contains 13,640 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. Tlie title to the property is derived as follows: -Lydia H. Ellis to Doris J. Phillips by deed dated September 24, 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24(Life Estate retained by Lydia); -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; 9 Mattis Drive, Yarmouth Port, MA (Map 140, Parcel 62): This property is currently titled in the name of Doris J. Phillips, by virtue of a deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 44. The property is denoted as Lot 5 as shown on the Plan. The lot contains 12,942 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. The title to the property is derived as follows: -Irving C. Ellis a0d Lydia H. Ellis to Doris J. Phillips by deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 44; Page 2 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive -John E. Olar to Ir ting C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; "These three contiguous lots are all titled in the name of Doris J. Phillips. CONTIGUOUS jARCELS: 6 Ellis Circle (Mal) 140, Parcel 61): This property is c ently titled in the name of Marcia J. Moser, by virtue of a deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 41. The property is denote I as Lot 4 as shown on the Plan. The lot contains 12,800 square feet of area. Currently, and b ed on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. The title to the property is derived as follows: -Irving C. Ellis ar�d Lydia H. Ellis to Marcia J. Moser by deed dated July 23, 1981, recorded in the Barnstable CoUnty Registry of Deeds in Book 3329, Page 41; -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable Co un Registry of Deeds in Book 779, Page 95; 15 Mattis Drive 0 4ap 140, Parcel 63): This property is c wently titled in the name of Harris Halpert and Elizabeth J. Halpert, by virtue of a deed dated October 8, 2008, recorded in the Barnstable County Registry of Deeds in Book 23207, Page 116. The property is denoted as Lot 6 as shown on the Plan. The lot contains 21,020 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title to the property is derived as follows: -Christopher Slotta, Trustee to Harris Halpert and Elizabeth J. Halpert by deed dated October 8, 2008, recorded in lhe Barnstable County Registry of Deeds in Book 23207, Page 116; -Jeanne M. Boute to Jeanne M. Boutel, Trustee by deed dated March 11, 1994, recorded in the Barnstable Coun Registry of Deeds in Book 9091, Page 244; -Irving C. Ellis an Lydia H. Ellis to Ralph and Jeanne Boutel by deed dated June 23, 1981, recorded in the Baimstable County Registry of Deeds in Book 3312, Page 335; -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; Page 3 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive 154 Center Street This property is Condominium, fr Barnstable Countl 1 as shown on the tax card of the ' condominium. Tf -Ralph Crossen the Barnstable ( -Daniel Creedon, 2005, recorded in -Sean Creedon to recorded in the B 140, Parcel 580: currently titled in the names of 4 unit owners of the Gray's Beach coed pursuant to a Master Deed dated June 19, 2006, recorded in the Registry of Deeds in Book 21113, Page 224. The property is denoted as Lot 'lan. The lot contains 19,950 square feet of area. Currently, and based on the own of Yarmouth Assessor's Office, the lot is improved with a 4 unit title to the property is derived as follows: Mary Crossen, Declarants of a Master Deed dated June 19, 2006, recorded in ty Registry of Deeds in Book 21113, Page 224; >tee to Ralph Crossen and Mary Crossen by deed dated December 28, Barnstable County Registry of Deeds in Book 20612, Page 307; Creedon and Sean Creedon, Trustees by deed dated August 9, 2004, e County Registry of Deeds in Book 19741, Page 1; -Cathy Klim to Se�n Creedon by deed dated April 27, 2004, recorded in the Barnstable County Registry of Deeds in Book 18511, Page 134; -William Dumont to Cathy Klim by deed dated June 12, 2002, recorded in the Barnstable County Registry of Deeds in Book 15266, Page 287; -William Dumont and Mary Lou Dumont to William Dumont by deed dated February 13, 1987, recorded in the Beth County Registry of Deeds in Book 5565, Page 98; -JD Lane and Eli Beth Lane to William Dumont and Mary Lou Dumont by deed dated September 14, 1984, recorded in the Barnstable County Registry of Deeds in Book4248, Page 141; -Grace T. Ellis to JD Lane and Elizabeth Lane by deed dated August 28, 1963, recorded in the Barnstable County Registry of Deeds in Book 1216, Page 83; ZONING: In this case, I find that Doris J. Phillips is the owner of 3 contiguous lots, one which is improved with a single family dwelling, and two other vacant lots. The Yarmouth Zoning Bylaw addresses this situation in two separate sections regarding the buildability of a lot held in common ownership with no more than 2 other lots. First, Section 104.3.4, entitled "Nonconforming Lots", states as follows: Page 4 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive Except as provided below, lots which do not conform to the dimensional requirements of this by- law, as amended, E hall not be individually built upon unless combined and/or re -subdivided so as to meet the revise dimensional requirements. 2. Two (2) or three (3) adjoining lots. Any increase in area, frontage or other dimensional requirements of th s zoning bylaw shall not apply to a lot for single family residential use, provided the plan i or such lot was duly recorded or endorsed and such lot was held in common ownership with co tiguous lots and had less than the dimensional and density requirements of the newly effectiv zoning but contained at least seven thousand five hundred (7,500) square feet and seventy-five ( 5) feet of frontage, or contained fifteen thousand (15,000) square feet and fifty (50) feet of ntage if approved under section 203.2 of this bylaw. This exemption shall not apply to more th three (3) such adjoining lots held in common ownership. In this case, the Property was created by a subdivision plan in May of 1960. These lots were compliant with zoning area requirements at the time of their creation. As indicated above, the property at 148 Center Street is already improved and contains approximately 20,020 square feet, and has 127 feet of frontage on Center Street. Because it is already built upon, I reference this information f r purposes of the contiguous lot analysis. It is my opinion that the vacant lots at 2 Ellis Circle d 9 Mattis Drive have not merged with the house lot and may be separately built upon. Both of these lots were created by the same plan in 1960, each contain more than 7,500 square feet of area, and each has more than 75 feet of frontage on a way. The exemption applies based on the fact that there are not more than three (3) such adjoining lots held in common ownersh u. Second, S�ction 104.3.4 also states in pertinent part as follows: 5. Other Nonconforming Residential Lots. Except as set forth in this paragraph, area, lot frontage or other imensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the Planning Board on or before June 3, 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10,000) square feet of nonwetland lot area and either seventy-five (75) feet of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met, each side of the square described therein being seventy-five (75) feet. Based on these terms, the three lots have not merged. Here, the lots all appear on a plan which was approved and endorsed by the Planning Board on July 29, 1960, which plan is recorded in Plan ',Book 156, Page 151. Next, such lot was not held in common ownership with more than tv o abutting lots as of June 3, 1996. Each lot contains at least 10,000 square feet of non -wetland lot area and at least 75 feet of frontage on a way. I am of the Street, 2 Ellis C Page 5 of 6 inion, based on this information, that each of the properties, at 148 Center le, and 9 Mattis Drive, Yarmouth Port, Massachusetts, are each separate and Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive buildable lots w have not merged. I have included copies of each of the deeds referenced above for your riew, as well as the current Yarmouth Tax Assessor's Field Cards. Please contact me if yo j would like to discuss this further, or if you are in need of additional information. I certainly appreciate your time and attention to this matter and look forward to be*ng from you in the near future. V Ad6l R. Tardif Enc. Cc: Doris I SEEN AND AG I, Mark Grylls, I of the properties Massachusetts, c are separate non, separately built i Dated: FA Page 6 of 6 lips, n/k/a Doris Murphy TO: .ding Commission of the Town of Yarmouth, do hereby determine that each 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, cted on Town of Yarmouth Tax Assessor's Map 140, as Lots 59, 60 and 62, ;rged lots, and the two vacant lots at 2 Ellis Circle and 9 Mattis Drive may be 2015 k Grylls/James D. Brandolini sst/Building Commissioner, Town of Yarmouth Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive t . - -2 1�7 �Z� 1 1.1W o1 1 [Us01 J SEP can U 2n15 PAUL R. TARDIF, ESQ., P.C. J f i! 490 RLXIN Sl'RI 1 ' YARMOU FH PORT, MA 02675 -- - - 508j 362-7799 5Wi 362-7199 fax Paul R. Tardi ,' Esq. Melissa G. AlaiLeod, Esq. pt.irdif(a;t.trdifl.ty� .c>m u1�w. tardifla��.com mehssa(n)tardiflaw.com REFER TO FILE NO September 28, 2015 Mark Grylls, Building Commissioner Town of Yarmouth 1146 Route 28 South Yarmouth, MA 02664 Re: Separate Buildability of Lot Lot Inquiry 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, MA Map 140, Parcel 59, 60 and 62 Dear Mr. Grylls: Please be advised that this office represents Doris J. Phillips, n/k/a Doris Murphy, the owner of the property at 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, Massachusetts (the Properties). My client intends to sell each of these properties, and has inquired with this office whether they may be sold, and in two cases, built upon, separately from each other. I have reviewed the records at the Barnstable County Registry of Deeds, the Yarmouth Assessor's records, Massachusetts General Laws c. 40A, § 1 et al., as well as the Yarmouth Zoning Bylaw. Based on that research, it is my opinion that the Properties are each buildable lots. which entitles my client, or a successor owner, to building permits by right. 1 am writing to determine whether, based on the information presented herein, you concur. 148 Center Street, Yarmouth Port,11L4 (Map 140, Parcel 59): The Property is denoted as Parcel 59 on the Town of Yarmouth Assessor's Map 140. I have attached a copy of the relevant Map, and have denoted the Property in orange highlight. Title to the Property is currently in the name of Doris J. Phillips, and is derived pursuant to a deed recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24, dated September 24, 1996, The property is denoted as Lo 2 as shown on a plan entitled "Subdivision Plan of Land in Yarmouth, Mass., for Irving C. & Lydia H. Ellis, Scale 1 '-50' May 1960, Gerald A. Mercer & Co., Inc., Engineers. South Yarmouth, Mass.", which said plan rs recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page 151. (the "Plan'). I have attached a copy of the Plan for your review. Currently, and based on the field Page 1 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. Including Ms. Phillips's ownership, the title to the property is as follows: -Lydia H. Ellis to Doris J. Phillips by deed dated September 24, 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24 (Life Estate retained by Lydia); -Irving C. Ellis to Irving C. Ellis and Lydia H. Ellis by deed dated September 12, 1958, recorded in the Barnstable County Registry of Deeds in Book 1016, Page 467; The total area of the Property is approximately 20„020 square feet and contains 127 feet of frontage on Center Street. The Property is located in the R-40 zoning district, which mandates the following current minimum bulk requirements for a single family use: Minimum Lot Area: 40,000 sf Minimum Frontage: 150 ft Front Yard Setback: 30 ft Side Setback: 20 ft Rear Setback: 20 ft 2 Ellis Circle, Yarmouth Port, MA (Map 140, Parcel 60): 3 This property is currently titled in the name of Doris J. Phillips, by virtue of a deed dated September 24. 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24. The property is denoted as Lot 3 as shown on the Plan. The lot contains_1164Q_aquare feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. The title to the property is derived as follows: -Lydia H. Ellis to Doris J. Phillips by deed dated September 24, 1996, recorded in the Barnstable County Registry of Deeds in Book 10403, Page 24(Life Estate retained by Lydia); -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; 9 Mattis Drive, Yarmouth Port, MA (Map 140, Parcel 62): This property is currently titled in the name of Doris J. Phillips, by virtue of a deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 44. The property is denoted as Lot 5 as shown on the Plan. The lot contains 12,942 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. The title to the property is derived as follows: -Irving C. Ellis and Lydia H. Ellis to Doris J. Phillips by deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 44; Page 2 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March'-2 7, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; These three contiguous lots are all titled in the name of Doris J. Phillips. CONTIGUOUS PARCELS: 6 Ellis Circle (Map 140, Parcel 61): , r rY This property is currently titled in the name of Marcia J, Moser, by virtue of a deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3329, Page 41. The property is denoted as Lot 4 as shown on the Plan. The lot contains 12,800 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is vacant land. The title to the property is derived as follows: -Irving_C. Ellis and Lydia H. Ellis to arcia J. Moserr by deed dated July 23, 1981, recorded in the Barnstable County Registry of Deeds in Booms, Page 41; -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; 15 Mattis Drive (Map 140, Parcel 63): This property is currently titled in the name of Harris Halpert and Elizabeth J. Halpert, by virtue of a deed dated October 8, 2008, recorded in the Barnstable County Registry of Deeds in Book 23207, Page 116. The property is denoted as Lot 6 as shown on the Plan. The lot contains 21.020 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a single family dwelling. The title to the property is derived as follows: -Christopher Slotta, Trustee to Harris Halpert and Elizabeth J. Halpert by deed dated October 8, 2008, recorded in the Barnstable County Registry of Deeds in Book 23207, Page 116; -Jeanne M. Boutel to Jeanne M. Boutel, Trustee by deed dated March 11, 1994, recorded in the Barnstable County Registry of Deeds in Book 9091, Page 244; -Irving C. Ellis and Lydia H. Ellis to Ralph and Jeanne Boutel by deed dated June 23, 1981, recorded in the Barnstable County Registry of Deeds in Book 3312, Page 335; -John E. Olar to Irving C. Ellis and Lydia H. Ellis by deed dated March 27, 1951, recorded in the Barnstable County Registry of Deeds in Book 779, Page 95; Page 3 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive 154 Center Street (Map 140, Parcel 58C): This property is currently titled in the names of 4 unit owners of the Gray's Beach Condominium, formed pursuant to a Master Deed dated June 19, 2006, recorded in the Barnstable County Registry of Deeds in Book 21113, Page 224. The property is denoted as Lot 1 as shown on the Plan. The lot contains 19,950 square feet of area. Currently, and based on the tax card of the Town of Yarmouth Assessor's Office, the lot is improved with a 4 unit condominium. The title to the property is derived as follows: -Ralph Crossen and Mary Crossen, Declarants of a Master Deed dated June 19, 2006, recorded in the Barnstable County Registry of Deeds in Book 21113, Page 224; -Daniel Creedon, Trustee to Ralph Crossen and Mary Crossen by deed dated December 28, 2005, recorded in the Barnstable County Registry of Deeds in Book 20612, Page 307; -Sean Creedon to Daniel Creedon and Sean Creedon, Trustees by deed dated August 9, 2004, recorded in the Barnstable County Registry of Deeds in Book 19741, Page 1; -Cathy Klim to Sean Creedon by deed dated April 27, 2004, recorded in the Barnstable County Registry of Deeds in Book 18511, Page 134; -William Dumont to Cathy Klim by deed dated June 12, 2002, recorded in the Barnstable County Registry of Deeds in Book 15266, Page 287; -William Dumont and Mary Lou Dumont to William Dumont by deed dated February 13, 1987, recorded in the Barnstable County Registry of Deeds in Book 5565, Page 98; -JD Lane and Elizabeth Lane to William Dumont and Mary Lou Dumont by deed dated September 14, 1984, recorded in the Barnstable County Registry of Deeds in Book4248, Page 141; -Grace T. Ellis to JD Lane and Elizabeth Lane by deed dated August 28, 1963, recorded in the Barnstable County Registry of Deeds in Book 1216, Page 83; ZONING: In this case, I find that Doris J. Phillips is the owner of 3 contiguous lots, one which is improved with a single family dwelling, and two other vacant lots. The Yarmouth Zoning Bylaw addresses this situation in two separate sections regarding the buildability of a lot held in common ownership with no more than 2 other lots. First, Section 104.3.4, entitled "Nonconforming Lots", states as follows: Page 4 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive Except as provided below, lots which do not conform to the dimensional requirements of this by- law, as amended, shall not be individually built upon unless combined and/or re -subdivided so as to meet the revised dimensional requirements. 2. Two (2) or three (3) adjoining lots. Any increase in area, frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single family residential use, provided the plan for such lot was duly recorded or endorsed and such lot was held in common ownership with contiguous lots and had less than the dimensional and density requirements of the newly effective zoning but contained at least seven thousand five hundred (7,500) square feet and seventy-five (75) feet of frontage, or contained fifteen thousand (15,000) square feet and fifty (50) feet of frontage if approved under section 203.2 of this bylaw. This exemption shall not apply to more than three (3) such adjoining lots held in common ownership. In this case, the Property was created by a subdivision plan in May of 1960. These lots were compliant with zoning area requirements at the time of their creation. As indicated above, the property at 148 Center Street is already improved and contains approximately 20,020 square feet, and has 127 feet of frontage on Center Street. Because it is already built upon, I reference this information for purposes of the contiguous lot analysis. It is my opinion that the vacant lots at 2 Ellis Circle and 9 Mattis Drive have not merged with the house lot and may be separately built upon. Both of these lots were created by the same plan in 1960, each contain more than 7,500 square feet of area, and each has more than 75 feet of frontage on a way. The exemption applies based on the fact that there are not more than three (3) such adjoining lots held in common ownership. Second, Section 104.3.4 also states in pertinent part as follows: 5. Other Nonconforming Residential Lots. Except as set forth in this paragraph, area, lot frontage or other dimensional requirements of this zoning bylaw shall not apply to a lot for single-family residential use, provided a plan for such lot was approved or endorsed by the -Manning Board on or before -June 3 1996, duly recorded, filed, or registered and such lot was not held in common ownership with more than two abutting lots as of June 3, 1996; as provided said lot contains at least ten thousand (10,000) square feet of nonwetland lot area and either seventy-five (75) feet of lot frontage or fifty (50) feet of lot frontage if the minimum dimensional requirements of Section 203.2 of this zoning bylaw are met, each side of the square described therein being seventy-five (75) feet. Based on these terms, the three lots have not merged. Here, the lots all appear on a plan which was approved and endorsed by the Planning Board on July 29, 1960, which plan is recorded in Plan Book 156, Page 151. Next, such lot was not held in common ownership with more than two abutting lots as of June 3, 1996. Each lot contains at least 10,000 square feet of non -wetland lot area and at least 75 feet of frontage on a way. I am of the opinion, based on this information, that each of the properties, at 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, Massachusetts, are each separate and Page 5 of 6 Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive buildable lots which have not merged. I have included copies of each of the deeds referenced above for your review, as well as the current Yarmouth Tax Assessor's Field Cards. Please contact me if you would like to discuss this further, or if you are in need of additional information. I certainly appreciate your time and attention to this matter and look forward to the near future. Enc. Cc: Doris J. Phillips, n/k/a Doris Murphy SEEN AND AGREED TO: I, Mark Grylls, Building Commission of the Town of Yarmouth, do hereby determine that each of the properties at 148 Center Street, 2 Ellis Circle, and 9 Mattis Drive, Yarmouth Port, Massachusetts. depicted on Town of Yarmouth Tax Assessor's Map 140, as Lots 59, 60 and 62, are separate non -merged lots, and the two vacant lots at 2 Ellis Circle and 9 Mattis Drive may be separately built upon. Dated: September , 2015 Page 6 of 6 Mark Grylls Building Commissioner, Town of Yarmouth Letter to Mark Grylls 148 Center Street, 2 Ellis Cir, and 9 Mattis Drive no o m < r* m d 3 d 3 a (o 3 n 1"t d (D I O va LT O C 7 � O F" o ( 00 O 0) NDCr 'D n 50 m 3,` �Q z �(D 'a � et �- (n 0 � V 03 2D 3 w w D 3� 3 O O 0 0 3 0 O ?DrD 2 n eD ;v O 3 o� D 0 3 ? n h C o 1 l c 0 3 7 N A � In �} m 7 o r N O O O C O N 4 Conmr Bl Canter 8l lr� . ► NA A r O co 1. o j�O(((a Ar �``---- - A � l cn W A j A A O 1 � _ 4r. i cb c� tj i w & , �r f y� x ,H,grris "XX • 1j1 .✓ kip•:.— � � •A a � W � � F ' i- f �1?L : � I X t 1 '(Q 15 6 T. ; 151 148 Center Street Map 140, Parcel 59 Vision Government Solutions Page 1 of 3 148 CENTER ST IJ- Location 148 CENTER ST Mblu 140/ 59/ Acct# 16095 Owner ELLIS LYDIA LIFE EST Current Value I Valuation Year 2015 Owner of Record Owner ELLIS LYDIA LIFE EST Co -Owner C/O DORIS I PHILLIPS Address 46 COLBURNE PATH WEST YARMOUTH, MA 02673 Ownership History Assessment $302,300 PID 16095 Building Count 1 Assessment Improvements $119,100 Land $183,200 Sale Price $0 Certificate Book & Page 10403/ 24 Sale Date 09/25/1996 Instrument 1A Ownership History Owner Sale Price Certificate Book & Page ELLIS LYDIA LIFE EST $0 10403/ 24 ELLIS IRVING C $0 Building Information Building i : Section i Year Built: 1940 Living Area: 1300 Replacement Cost: $167,426 Building Percent 68 Good: Replacement Cost Less Depreciation: $113,800 Building Attributes Field I Description Style Ranch Model Residential Grade: Average Stories: 1 Story Occupancy 1 Exterior Wall 1 Wood Shingle Building Photo Instrument 1A Total $302,300 Sale Date 09/25/1996 (http://images.vgsi.com/photos/YarmouthMAPhotos//\00\02 \69/60.jpg) Building Layout http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid" 16095 9/24/2015 Vision Government Solutions Page 2 of 3 Exterior Wall 2 Vinyl Siding Roof Structure: Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall 1 Drywall/Sheet Interior Wall 2 Interior Fir 1 Pine/Soft Wood Interior Fir 2 Carpet Heat Fuel Oil Heat Type: Hot Water AC Type: None Total Bedrooms: 3 Bedrooms Total Bthrms: 12 Total Half Baths: 0 Total Xtra Fixtrs: Total Rooms: Bath Style: Average Kitchen Style: Modern Extra Features Code I Description FPL1 FIREPLACE 1 ST Land Land Use Use Code 1010 Description SINGLE FAM MOL-01 Zone Neighborhood 0076 Alt Land Appr No Category Outbuildings Code I Description Sub Code SHDI. SHED FRAME FGR1 GARAGE-AVE Valuation History Building Sub -Areas Code Description I Gross f (Wing Area I Area BAS First Floor 11300 11300 UBM Basement, Unfinished 1420 10 11720 11300 Extra Features Size I UNITS Land Line Valuation Size (Acres) 0.46 Frontage 0 Depth 0 Assessed Value $183,200 Outbuildings Sub Description L111119Itd Value Bldg # 11,SOr? 1 Legend Size I Value Bldg # 80 S.F. 11} $600 1 396 S.F. F $3,200 1 Assessment Valuation Year I Improvements Land I Total 2015 $107,900 $183,200I $291,100 2014 1 $106,400 1 $164,4001 $ 270, 800 1 http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid-16095 9/24/2015 Vision Government Solutions Page 3 of 3 2c1s $104,200 $174, 000 $2 78, 200 (c) 2014 Vision Government Solutions, Inc. All rights reserved. http://gis.vgsi.com/yarmouthma/Pareel.aspx?pid=16095 9/24/2015 HAYES 6 HAYES ATTOnNHYS-AT•LAW, P.C. 29 BAST MAIN STREET "VANNI9, MA 07601 1500) T75-0000 Mk x 10 403---024 54S64 09-- 25--1996 E-1 06 n 38 I, LYDIA H. ELLIS, surviving tenant by the entirety, of 148 Center Street, Yarmouth (Port), Barnstable County, Massachusetts, in consideration of ONE DOLLAR and love and affection, paid, grant to DORIS J. PHILLIPS, Individually, of 46 Colburne Path, Yarmouth (West), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS two parcels of land situated in Yarmouth (Port), together with the buildings thereon bounded and described as follows; NORTHWESTERLY by Lot 3 on plan hereinafter mentioned, One Hundred Thirty -Seven and 86/100 (137 .86) feet; NORTHEASTERLY by Center Street, a 401 private way, as shown on said plan, One Hundred Twenty -Seven and 06/100 (127.06) feet; SOUTHEASTERLY by Lots 1 and 6, as shown on said plan, One Hundred Eighty -One and 40/100 (181,40) feet; and SOUTHWESTERLY by Lot 5, as shown on said plan, One Hundred Twenty -Nine and 42/100 (129.42) feet. Containing 20,020 square feet, more or less. Being shown as LQT 2 on a plan of land entitled, "Subdivision Plan of Land in Yarmouth, Mass., for Irving C. & Lydia H. Ellis, Scale 1" m 501, dated May, 1960, Gerald A. Mercer 6 Co., Inc., Engineers, South Yarmouth, Mass." which plan is recorded at the Barnstable County Registry of Deeds in plan Book 1+6 PagQ_11i1. For title to Lot 2, reference is made to a deed from Irving C. Ellis dated September 12, 1958, recorded in Book 1016, Page 467 with the Barnstable County Registry of Deed and to a portion of a deed from John E. Olar dated March 27, 1951, recorded in Book 779 Page 95 with the Barnstable County Registry of Deeds. See also Barnstable Probate Docket No. 94PI744EP-1 and M-792 for Irving C. Ellis recorded in Book 9935, Page 73, Barnstable County Registry of Deeds. NORTHWESTERLY by Ellis Circle, a 40' private way, as shown on a plan hereinafter mentioned, �_1 HAVfs Iy�9E5 Art014NkV0dAT'1- X! 23 CAS ] S�ffBET N V ANNIs;'!y AL6j40 IllUll 1 L ._.'N"IIilnu� (soo)7ta.-oono Bk a 1 i0'403—i02S 54SO 4 Eighty -Two and 66/100 (82.66) feet; NORTHEASTERLY by the intersection of Ellis Circle and Center Street, a 40' private way as shown on said plan on an arc having a radius of 25.001, Thirty and 32/100 (30.32) feet; NORTHEASTERLY by said Center Street, Eighty -Five and 70/100 (85.70) feet; SOUTHEASTERLY By Lot 2, as shown on said plan, One Hundred Thirty -Seven and 86/100 (137.86) feet; and SOUTHWESTERLY by Lot 4, as shown on said plan, One Hundred Twenty -Nine and 42/100 (129,42) feet. Containing 13,640 square feet, more or less. Being shown as LOT 3 on the above -mentioned plan. For title to Lot 3, reference is made to a deed from John E. Olar dated March 27, 1951 recorded in Book 779, Page 95 with the Barnstable County Registry of Deeds. See also Barnstable Probate Docket No, 901744EP-1 and M--792 for Irving C. Ellis recorded in Book 9935, Page 74, Barnstable County Registry of Deeds. Said Parcels I and II are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, covenants, reservations and restrictions of record. WITNESS my hand and seal this gKi day of t4 , 1996. Ljoia H. Ellis COMMONWEALTH OF MASSACHUSETTS Barnstable, ss .�`�4V1996 Then personally a eat �•,ELLI,p and acknowledged t reeact and deed, before m j�► dommfssi,Expires ."tax Stamps Not Necessary above -named LYW A H, ng 1nstrp*nt1t4 be her ary Pfiblic BARNSTABLE REGISTRY OF DEEDS L'r Tim pw.oaaih eppa„�d t6 .bm !2? ..�!....1140,31)am end_ IC�tis Y00g}7c!f]]e...._._ 4 rod admowwg d the twn i c odtroeat to 6v oir be..et paddeed Mora oae a J {da Barnstable, as., Received Yarch 27, 1051, and is recorded. E, JO]a; E. CLAP, unmarried, of Yarcoouth, Barnstable County, 'Hassachusetts, for consideration paid, grunt to IRVING C. ELLIS and LYDIA 11. ELLIS, husband and wife, as tenarts by the entirety, both or said Yar:nouth, vitl: Q[ I'1'CLAh1 CO\ti?'.'�:TS, tint: land, with the buildings thereon, sitc:ated in saiu Yarmouth, bounded and described as follows: WESTFRLY by Center Street, so-called; NORTHERLY by land now or formerly of Clifton W. Ellis; 1ASTLRLY by the creep; :J 9 m SOUTHERLY by land n, ►w or formerly of F;-edericl, Dunbar; R 00 WEST1'ILY by land now or formerly or 1;1111aM H. Sears; Sot'�IiE121Y by land now or fora-rly o:: srid S_,nrs; c 10 IMSTI.RLY by said Center Street; 1a NORTHERLY by land now or formerly of Irving C. L•;llis; 1tT5T%1ZLY by land of said Irving C. Ellis; and SOC'TUE2L1 by land of said Irving C. Ellis. :leaning and intending to convey all that land conveyed by Heman Taylor et al to 11elena Olar, by deed dated February 1, 1665, recorded in tte Barnstable County Pcgistry of Deeds in Boos: 218, Page 241 and the land conveyed b) Freeman Ryder to said Helena Olar, by deed dated September 1, 1876, recorded in said Registry of Deeds in Book 125, Page 263; with the exception of thoso parcels of land conveyed to William 11. Sears and Irving C. Ellis on said Center Street. ,.� 779 96 For sty title see probate of the Estate of Helena Olar and " �'RWT' 'dAh i. Sears, both duly filed in the Barnstable County Probate Court. Together with all the household furniture and furnishings and other personal property contained on the above described premises. Reserving, however, to myself an estate for my natural life in the homestead and the land above conveyed. . tiTTI'ESS my hand, and seal this 27th day ofXaar�chh, 1951- COj£LIZON rEALTII OF NUSSACIEUSETTS Barnstable ss Harch 27, 1951 Then personally appeared the above naned John E. Olar and acknowledged tF.e forogoinL instrument to be his free act and deed, Before me, C 311• c 4u=l . e xp . Barnstable, se., Received I.Arob V , 1851, and is recorded. Hyannis Trust Compar4, a rdassachusetts ba►'u'ing corporation with its principal place of business in Barnstable (1ryanuls) Barnstable County, Massachusetts, present holder of a rnongage from Lido, Incorporated of Yarmouth to Hyannis Trust Company dated February 3, 1948 rernrdedwith Barnstable County Registry of needs Book 697 , Pave 526 acknowledges satisfaction of the samc .fin WUllegg WjjprjVf, the said HY.ANbIS TftfjbT COWANY 1=23 caused t1s corporate seal to be hereto affixed and thcsc presents to be signed in its nark 6 Walter B. Chase, Its President and a..• Gerard C. Besse it& Treasurer this twenty xth days March AD. 19 51 i1Y:i�M/JNI(A/S TR06T CO b o 5 res 8tlt i 2 Ellis Circle Map 140, Parcel 60 Vision Government Solutions Page 1 of 3 2 ELLIS CIR WW Location 2 ELLIS CIR Mblu 140/ 60/ Acct# 16094 Owner ELLIS LYDIA H LIFE EST Current Value Valuation Year 2015 Owner of Record Owner ELLIS LYDIA H LIFE EST Co -Owner C/O DORIS ] PHILLIPS Address 46 COLBURNE PATH WEST YARMOUTH, MA 02673 Ownership History Assessment $177,700 PID 16094 Building Count 1 Assessment Improvements I Land $0 $177,700 Sale Price $0 Certificate Book & Page 10403/ 24 Sale Date 09/25/1996 Instrument 1A Ownership History Owner Sale Price Certificate ELLIS LYDIA H LIFE EST 90 ELLIS IRVING C $0 Building Information Building i : Section 1 Year Built: Living Area: 0 Replacement Cost: SO Building Percent Good: Replacement Cost Less Depreciation: SO Building Attributes Field I Description Style Vacant Land Model 1 Grade: Stones: I Occupancy i Exterior Wall 1 10403/ 24 Building Photo Instrument lA Total $177,700 Sale Date 09/25/1996 (http://Images.vgsi.com/photos/YarmosithMAPhotos//default.jpg) Building Layout http:/!gis.vgsi.com/yarmouthtna/Parcel.aspx?pid-16094 9/24/2015 Vision Government Solutions Page 2 of 3 Exterior Wal 2 Y Roof Structure: Roof Cover Interior Wall 1 Interor Wall 2 Interior Fir 1 Interior Fir 2 Heat Fuel Heat Type: AC Type: I Total Bedrooms: I Total Bthrms: Total Half Baths: Total Xtra Fixtrs: Total Rooms* Bath Style: K,tchen Stye: Extra Features Land Land Use Use Code 1300 Description RES ACLNDV MDL-00 Zone Neighborhood 0076 Alt Land Appr No Category Outbuildings Valuation History 2015 2014 2013 p Building Sub -Areas LslslIId No Data for Building Sub -Areas Extra Features Lenend No Data for Extra Features Land Line Valuation Size (Acres) 0.31 Frontage 0 Depth 0 Assessed Value $177,700 Outbuildings No Data for Outbuildings Assessment Valuation Year �I tnlproveMentf $0 http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid16094 $0 $0 $177,700 $160,100 $168,800 Total $177,700 $160,100 $168, 600 9/24/2015 Vision Government Solutions Page 3 of 3 (c) 2014 Vision Government Solutions, Inc. All rights reserved http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=16094 9/24/2015 9 ►{AYES G HAYES ATTORNEYS -AT -LAW, P.G ,Zjj FACT MAW STREGI 14YANNI9, MA O]EOI Mk ; 10 403-024 S4534 09--- 25--19 96 C 06 x 33 I, LYDIA H. ELLIS, surviving tenant by the entirety, of 148 Center Street, Yarmouth (Port), Barnstable County, Massachusetts, in consideration of ONE DOLLAR and love and affection, paid, grant to DORIS J. PHILLIPS, Individually, of 46 Colburne Path, Yarmouth (West), Barnstable County, Massachusetts, with QUITCLAIM COVENANTS two parcels of land situated in Yarmouth (Port), together with the buildings thereon bounded and described as follows; PARCEL .I NORTHWESTERLY by Lot 3 on plan hereinafter mentioned, One Hundred Thirty -Seven and 86/100 (137,86) feet; NORTHEASTERLY by Center Street, a 40' private way, as shown on said plan, one Hundred Twenty -Seven and 06/100 (127.06) feet; SOUTHEASTERLY by Lots 1 and 6, as shown on said plan, One Hundred Eighty -One and 40/100 (181.40) feet; and SOUTHWESTERLY by Lot 5, as shown on said plan, one Hundred Twenty -Nine and 42/100 (129.42) feet. Containing 20,020 square feet, more or less. Being shown as LOT 2 on a plan of land entitled, "Subdivision Plan of Land in Yarmouth, Mass., for Irving C. & Lydia H. Ellis, Scale 1" - 501, dated May, 1960, Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass." which plan is recorded at the Barnstable County Registry of Deeds in Plan Book 156 Page 151. For title to Lot 2, reference is made to a deed from Irving C. Ellis dated September 12, 1956, recorded in Book 1016, Page 467 with the Barnstable County Registry of Deed and to a portion of a deed from John E, Olar dated March 27, 1951, recorded in Book 779 Page 95 with the Barnstable County Registry of Deeds. See also Barnstable Probate Docket No. 94PI744EP-1 and M-792 for Irving C. Ellis recorded in Book 9935, Page 73, Barnstable County Registry of Deeds. (IS 00)T, 5-0Ono II NORTHWESTERLY by Ellis Circle, a 401 private way, as shown on a plan hereinafter mentioned, Y I ,r' ^ C 5' I HAYS �e 149E5 i 7T0NAVNAT� h&,P.C. 23 CASf'AI;% 64Ki H V ANNI6;�1iaj,;0 i J Ill/ .... (509)779-OOBO Bk a 10403—O`S 54584 Eighty -Two and 66/100 (82.66) feet; NORTHEASTERLY by the intersection of Ellis Circle and Center Street, a 40' private way as shown on said plan on an arc having a radius of 25.001, Thirty and 32/100 (30,32) feet; NORTHEASTERLY by said Center Street, Eighty -Five and 70/100 (85.70) feet; SOUTHEASTERLY By Lot 2, as shown on said plan, One Hundred Thirty -Seven and 86/100 (137.86) feet; and SOUTHWESTERLY by Lot 4, as shown on said plan, One Hundred Twenty -Nine and 42/100 (129,42) feet. Containing 13,640 square feet, more or less. Being shown as LOT 3 on the above -mentioned plan. For title to Lot 3, reference is made to a deed from John E. Olar dated March 27, 1951 recorded in Book 779, Page 95 with the Barnstable County Registry of Deeds. See also Barnstable Probate Docket No. 94PI744EP-1 and M-792 for Irving C. Ellis recorded in Book 9935, Page 74, Barnstable County Registry of Deeds. Said Parcels I and II are conveyed subject to and with the benefit of all rights, rights of way, easements, appurtenances, covenants, reservations and restrictions of record. WITNESS my hand and seal this day of �L4-Al�j , 1996. Lyttia H. Ellis Barnstable, ss. COMMONWEALTH OF MASSACHUSETTS •�`6�19 9 6 Then personally algzeat .PLLI•f; and acknowledged t reenact and deed, before m arr►missia�E pires: I ''Pax Stamps Not 'Necessary SARNSTAKE RENSTRY OF DEEDS her N{tY•i:,y"f{,ia. 7;�,:,�•r;�cr,lrs. -. ., �, _._..--•--_,.._._...� '.... -..... _ •. Commonwealth of Massachnietb ._ _ :_...... j'- J. I BARNSTABL.E, SS. TIM pemoueily Opp ad the above euned ........ -- J „ssm+nn, Kr}tie_ldccarsvi7Je .. .r,►- e, 4v,, and etlmowledged the foregoing instYumant to betlroeir free act and deed before we *'do"9 k'GY `o. 1 �6� y .f{hicr/ `1 I: r Barnstable, ss., Reoei-ved Yarah 27, 1951, and is recorded. { I, J01Bd E. OLAR, unmarried, of Yarfitouth, Barnstable County, liassachusetts, for consideration paid, grunt to IRVING C. ELLIS and LYDIA 11. ELLIS, husband and wife, as tenants by the entirety, both of said Yarmouth, with ,^,GI'1'CLApI C01T?1X:TS, tine land, with i the buildings thereon, sitm.atcd in saiu Yarmouth, bounded and , described Hs'folla s. I , HESTEI2LY by Center Street, So—called; I, NORTHERLY by land now or Formerly Of Clifton K. Ellis; i iv 1l.S'M-RLY by the creek; t ti � SOUTHERLY by land new or formerly of Fred,3rick Dunbar; q � u t:ESTP.RLY by land now or formerly of l;illian It. Sears; r. SOL'TlIM&Y by land now or fornarly oL Said Scars; i ITEST:•'.UX by said Cuter Street; S4 NORTHERLY by land now or formerly of IrNd ng C. Ellis; ItESTCIZLY by land of said Irving C. T-13is; and SOUTlIE.1ZLY by land of said Irving C. Ellis. Xoaning and intending to convey all that land conveyed by Heman Taylor et al to 1lolena olar, by deed dated February 1, 1865, U recorded in the Barnstable County Registry of Deeds in Book 218, Page 241 and the land conveyed b3. Freeman Rydrr to said Helena Olar, by deed dated September 1, 1876, recorded in said Registry of Deeds in Book 125, Page 2831 with the exception of those parcels of land conveyed to William 11. Sears and Irving C. Ellis on said UU Center Street. i 779 For my title see probate of the Estate of Helena Olar and t'ee)jPtttiri: Sears, both duly filed in the Barnstable County probate 9� Court. Together with all the household furniture and furnishings and other personal property contained on the above described premises. Reserving, however, to myself an estate for my natural life in the homestead and the land above Conveyed, hITRESs my hand. and seal this 27th day off�er?larch, 1951. Colt,-O:IMALT11 OP 1,,1aSSACl1USSTTS Barnstable ss Harch 27, 1951 Then personally appeared the above naned John E. Olar and acknowledged tl•e foregning instrument to be his free act and deed, Before me, :4o�nr, u 1Tc 1iy co=i. exp. i Barnstable, so., Received Yarob 27, 1951, and is recorded. Hyannis Trust Company, a Massachusetts ban4ng corporation with its principal place of business in'Barnstable (hyannisl Barnstable 1+ounty, Massachusetts, present holder of a mortgage from Lido, Incorporattd of Yarmouth to Hyannis Trust Company dated February 3, 1948 acorded with Barnstable Oowity Registry of Deed. .D Book 687 , Page 526 acknowledges aatlgfacHon of the same 3tt wftn o mlrereaf, the uid HWNIS Thbt1 COMPANY has caused 'Its cb rate seal to be hereto axed and these presents to be afna gncd In its rk Walter B. Cffi ase, Its President and Gerard C. Besse its Treasurer this tpentyxth ` d,ty, March A. D.19 51 HYAl1NIS TRUST CO :t �:• T�'�4 .i j b res ent 1 9 Mattis Drive Map 144, Parcel 62 Vision Government Solutions Page 1 of 2 9 MATTIS DR Location 9 MATTIS DR Mblu 140/ 62/ Acct# 16097 Owner ELLIS LYDIA (LIFE ESTATE) Current Value Valuation Year 201S Owner of Record Owner ELLIS LYDIA (LIFE ESTATE) Co -Owner C/O DORIS I PHILLIPS Address 46 COLBURNE PATH WEST YARMOUTH, MA 02673 Ownership History Owner ELLIS LYDIA (LIFE ESTATE) PHILLIPS DORIS I Building Information Building i : Section 1 Year Built: Living Area: 0 Replacement Cost: $0 Building Percent Good: Replacement Cost Less Deoreciation: $0 Assessment $191,100 PID 16097 Building Count 1 Assessment Improvements I Land Total $S00 $190,600 $191.100 Sale Price $0 Certificate Book & Page 3329/ 44 Sale Date 07/23/1981 Ownership History Sale Price Certificate $C Building Attributes Field Description Style Outbuildings Model Grade: Stories: Occupancy tY Exterior Wall 1 fi Exterior Wall 2 Building Photo Book & Page Sale Date 3329/ 44 07/23/1981 (http://Irnages.vgsi.com/photos/YarmouthMAPhotos//default.jpg) Building Layout F Building Layout http://gis.vgsi.com/yarmouthma/Parcel-aspx?pid=l 6097 9/24/2015 Vision Government Solutions Page 2 of 2 Heat Fuel Heat Type: AC Type: Total Bedrooms: Total Bthrms: Total Half Baths: BTotal Xtra FixtrS: Total Rooms: Bath Style: Kitchen Style: Extra Features Land Land Use Use Code 106V Description AC LND IMP MDL•00 Zone Neighborhood 0080 Alt Land Appr No Category Outbuildings Building Sub -Areas No Data for Building Sub Areas Extra Features No Data for Extra Features Land Line Valuation Size (Acres) 0.3 Frontage 0 Depth 0 Assessed Value $190,600 Outbuildings Code I Description I Sub Code Sub Description I Size I Value SHD1 SHED FRAME 279 S.F. $500 Valuation History Assessment Laud Bldg # 1 Valuation Year F2O15 Improvements Land I Total $600 $190,600 $191,200 �2014 $600 $171,800 $172,400, �2013 $600 $181,200I $181,8001 (c) 2014 Vision Government Solutions, Inc All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid-16097 9/24/2015 HAYES a MATES AnORNKY ?[ AW VC Y ,AIT MY.� />11>ti MIY,Inf. rr�M�C"YHT1� 600K3M NGE N4 1992E WE, IRVING C. ELLIS and LYDIA H. ELLIS, husband and wife, as tenants by the entirety, both of 149 Center Street, Yarmouth (Port), Massachusetts 02675, for NOMINAL CONSIDERATION, grant to DORIS J. PHILLIPS of 46 Colburne Path, West Yarmouth, Massachu- setts 02673, with QUITCLAIM COVENANTS, the land situated in Yarmouth (Port), Barnstable County, Massachusetts, bounded and described as follows; SOUTHEASTERLY by Mattis Drive, a 40' private way, as shown on a plan of land hereinafter mentioned, one hundred twenty-nine and 42/100 (129.42) feet; NORTHEASTERLY by a portion of Lot 6, as shown on said plan, one hundred and no/100 (100.001 feet; NORTHWESTERLY by Lot 2, as shown on said plan, one hundred twenty-nine and 42/100 (129.42) feet; and SOUTHWESTERLY by Lot 4, as shown on said plan, one hundred and no/100 (100.00) feet. Containing 12,942 square feet and being shown as LOT 5 on plan of land entitled "Subdivision Plan of Land in YarmooutT, Mass. for Irving C. and Lydia H. Ellis Scale l'-50' May, 1960 Gerald A. Mercer i Co., Inc. Engineers South Yarmouth, Mass.", which plan is duly recorded in Barnstable County Registry of Deeds, Plan Book 156, Page 151. TOGETHER with a right of way over the streets and ways shown on said plan in common with others entitled thereto for the purposes for which streets and ways are commonly used. Said premises are subject to the following restrictions: 1. No structures shall be erected, altered, placed or permitted to remain on any building plot in said subdivision other than a single-family dwelling and accessory buildings, such as a garage, garden house and the like. No trailer, base- ment, tent, garage, barn or other outbuilding erected in said subdivision shall be at any time used as a residence temp- orarily or permanently, nor shall any structure of a temp- orary character be used as a residence. BOOx3329KIGE 045 1. No dwelling, containing less than 800 square feet of living area, exclusive of garages, carports, and accessory buildings shall be permitted on any building plot. Use and occupancy of the premises shall be subject to zoning, building, health sewage disposal and sanitation regulations of the Town of Yarmouth and all agencies having jurisdiction. 3. No building shall be erected, placed or altered on any building plot in such subdivisions until the building plans and specifications have been approved by the seller, which approval shall not be unreasonably withheld, for which approval no charge will be made. 4. Rubbish and garbage must be kept in suitable containers and removed from the premises. No rubbish or garbage may be burned or dumped on the premises. No activity shall be permitted upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Reserving, however, to the rantora a life estate in said pro ert urn the lifetime o Iry n C. Ellis and Lydia H. Ellis. For our title see deed from John E. Olar dated March 27, 1951 and recorded in Barnstable County Registry of Deeds in Book 779, Page 95. e WITNESS our hands and seals this C� 3 �' day of July, 1981. ry ng C. Elkla LyCfta H. Ellis COMMONWEALTH OF MASSACHUSETTS Barnstable, as JUTA3, 1981 Il4 Then personally appeared the above named Irving C. E coy ,�,Qia H. Ellis and acknowledged the foregoing instrument Y tKk r free act and deed, before mee ATTORM[ W. P"e S� 1;t>tarYTuBJic My co ission expires: +••.wN...uTuawuarn R�tiu��Ul� JUL 23 d � is and be �1 Cotamadwwdth of•M""ChuleM BARNSTABLC, SS.%�! % Then pmoaelly appeared the above. named ' _ upin:nor tb I. 3 ra end tie fdoO �. 4ri and~ackaowledged the foregoing instalment to betheir free act and deal before me ` -4'GY ' '11,rn1<1p�t"�i • Barnstable, so., Reoeived Yaroh 27, 1951, and is recorded. I, JolW E. OLAR, unmarried, of Yarutouth, Barnstable County, 1.Iassachusetts, for consideration paid, grant to IRVING C. ELLIS and LYDIA H. EL•LIS, husband and wife, as teaar.ts by the entirety, both of said Yormouth, j,rith ,GI'PCL1h-i CO1-EN2.U1TS, the land, with the buildings thereon, sit¢attd In sai4� Yarnoutil, bounded and described as'followS. WESTF.1'.LY by Center Stroet, so—called; gNORTHERLY by land now or formerly of Clifton W. Ellist m • c� U-,STGRLY by the creek; m SOL71MLY by land now or formerly of Frederick Dunbar; A uVESiERLY by land now or formerly of U1111am II. Sears; r SOL'TIMMLY by land now or fo:-M3rly oL saiL Sears; 0 WESTERLY by said Center Street; 'a NORTUE1ZLY by land now or formorly of Irvi ng C. Ellis; lt'ESTERLY by land of said Irving C. Ellis; and SOL71MIZLY'by land.of said Irving C. Ellis. .,aaning and intending to convey all that land conveyed by iceman Taylnr et al. to Holena. Olar, by deed dated February 1, 1865, recorded in the Barnstable County Registry of Deeds in Book 218, Ease 241 and the land conveyed by Freeman Rydrr to said Helena Olar, by deed dated September 1, 1876, recorded in said Registry of Deeds in Book 125, Page 285; with tine exception of those parcels of land conveyed to W�11iam 11. Sears and Irving C. Ellis on said Center Street, V 779 I i gar For my- tit Is see probate of the Estate of Helena Olar and 'i 7i'iti3t �: Sears, ' bpth duly filed in the Barnstable County Probate Court. Together with all the household furniture and furnishings and other personal property contained on the above described premises. ------------ Reserving, however, -to myself an estate for my natural life in the hopiestead and the land above conveyed, . WTnTEss xy hand and seal this 27th day of ?larch, 1951. Cole.ro'vj/EALTil OF !USSACIWSCTTS Barnstable ss Harch 27, 1951 Then personally appeared the above naned John E. olar and acknowledged the foregninG instrument to be his free act and deed, Before me, a o ar; u c My coma, exp. Q fs Barnstable, ss., Received Varob 27, 1951, and is recorded. Hyannis Trust Company, a idassachusetts banding oorporation rdtth its - principal place of business in•Barnstable khyenniaJ Barnstable 0ounty, Rassaohusetts, present holder of a mortgage from Lido, Inoorporated of Yarmouth io Hyannis Trust Company dated February 3, 1948 recorded with Barnstable oun Deeds tP tblOty Registry of .0 Book 687 , Pa1te 526 acknowledges satlslectlon of theasmc Fitt mit mis w1prelaf, tht said H3CAD hlS TRUST COMPANY liu auud (is corporate seal to be hereto affixed and these presems to be signed In its nark • - Walter B. Case, Its President and `. Gerard C. Besse its Treasurer this twenty - March A.0.1951 RWNIS TRUST CO ,r G� • 6 Ellis Circle Map 140, Parcel 61 Vision Government Solutions Page 1 of 2 6 ELLIS CIR Location 6 ELLIS CIR Mblu 140/ 61/ Acct# 16096 Owner MOSER MARCIA 3 Current Value Valuation Year Owner of Record Owner MOSER MARCIA I Co -Owner IRVING C ELLIS (LIFE EST) Address 20 ELLIS CIR YARMOUTH PORT, MA 02675-1335 Ownership History Assessment $190,300 PID 16096 Building Count 1 Assessment Improvements I Land So $190,300 Sale Price $0 Certificate Book & Page 3329/ 41 Sale Date 07/23/1981 Ownership History Owner Sale Price Certificate MOSER MARCIA I MOSER MARCIA I Building Information Building 1 : Section 1 Year Built: Living Area: 4 Replacement Cost: $0 Building Percent Good: Replacement Cost Less Depreciation: $0 Building Attributes i Field I Description C Style Vacant land Model Grade: Stories: IOccupancy IExterior Wall i Exterior Wall 2 Book & Page 1 Q9/ 41 Building Photo Total $190,300 Sale Date 07/23/1981 (http://images.vgsi.com/photas/YarmouthMAPhotos//default.jpg) Building Layout `� Builtlinp Layout http://gis.vgsi.com/yarmouthma/Pareel.aspx?pid=16096 9/24/2015 Vision Government Solutions Page 2 of 2 Roof Structure: Roof Cover Interior Wall 1 Interior Wall 2 Interior Flr i Interior Flr 2 Heat Fuel Heat Type: AC Type; Total Bedrooms: Total Bthrms: Total Half Baths: Totai Xtra Fixtrs., Total Rooms: Bath Style: Kitchen Style: �- Extra Features Extra Features No Data for Extra Features Land Land Use Use Code 1300 Description RES ACLNDV MDL 00 Zone Neighborhood 0080 Alt Land Appr No Category Outbuildings Valuation History Valuation Year 2015 2014 2013 Building Sub -Areas Legend No Data for Building Sub -Areas Land Line Valuation Size (Acres) 0.29 Frontage 0 Depth 0 Assessed Value $190,300 Outbuildings No Data for Outbu Idings Assessment Improvements $0 Land Total $190,300 $190,300 $01 $171,5001 $171,500 $0 $180,900 $180,900 (c) 2014 Vision Government Solutions, Inc. All rights reserved http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid-16096 9/24/2015 B.�GK3329 HGE 041 I 1 '_ 9 y27 WE, IRVING C. ELLIS and LYDIA H. ELLIS, husband and wife, as tenants by the entirety, both of 146 Center Street, Yarmouth (Port), Massachusetts 02675, for NOMINAL CONSIDERATION, grant to MARCIA J_ MOSER of 150 Elwell Street, Malden, Massachusetts 02148, with QUITCLAIM COVENANTS, the land situated in Yarmouth (Port), Barnstable County, Massachusetts, bounded and described as follows: SOUTHWESTERLY by ELlis Circle, a 40' private way, as shown on a plan of land hereinafter mentioned, seventy-four and 57/100 (74.57) feet; SOUTHERLY by the intersection of Ellis Circle and Mattis Drive, a 40' private way, as shown on said plan, on an arc having a radius of 25.001, thirty-nine and 70/100 (39.70) feet; SOUTHEASTERLY by said Mattis Drive, as shown on said plan, one hundred three and 99/100 (103.99) feet; NORTHEASTERLY by Lot 5, as shown on said plan, one hundred and no/100 (100.00) Peet; and I NORTHWESTERLY by Lot 3, as shown on said plan, one hundred twenty-nine and 42/100 (129.42) feet. I Containing 12,800 square feet, more or less, and being shown as LOT 4 on a plan of land entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. i Lydia H. Ellis Scale 1"- 50' May, 1960 Gerald A. Mercer i Co., Inc. Engineers South Yarmouth, Mass.", which plan is duly recorded in Barnstable Count) Registry of Deeds, Plan Book 156, Page 151, TOGETHER with a right of way over the streets and ways shown on said plan in common with others entitled thereto for the purposes for which streets and ways are commonly used. Said premises are subject to the following restrictions: HAY[$ A HAYES •lroufr Nt•u. i[ u swrr ,rwu. .r. ur w r, NMI.. ,tY �.O MY•Trr� MM 1 BOOK3M P!GE 042 1. No structures shall be erected, altered, placed, or permitt to remain on any building plot in said subdivision other th a single-family dwelling and accessory buildings, such as a garage, garden house and the like. No trailer, basement, tent, garage, barn or other outbuilding erected in said subdivision shall be at any time used as a residence temp- orarily or permanently, nor shall any structure of a temp- orary character be used as a residence. No dwelling, containing less than 800 square feet of living area, exclusive of garages, carports and accessory buildings shall be permitted on any building plot. Use and occupancy of the premises shall be subject to zoning, building, health sewage disposal and sanitation regulations of the Town of Yarmouth and all agencies having jurisdiction. No building shall be erected, placed or altered on any building plot in such subdivisions until the building plans and specifications have been approved by the seller, which approval shall not be unreasonably withheld, for which approval no charge will be made. 4. Rubbish and garbage must be kept in suitable containers and removed from the premises. No rubbish or garbage may be burned or dumped on the premises. No activity shall be permitted upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. Reservin however, to the raptors a life time estate in said property ur n the 1 et me o Irving C. and LLa ie H. E fflis. For our title see deed from John E. Olar dated March 27, 195 and recorded in Barnstable County Registry of Deeds in Book 779, Page 95. WITNESS our hands and seals this J day of July, 1901. Irving C. Ell Lyra H. Ells MAYE$ A MAYES Arro X""T-LAW. VCc N fY� Wlw �n1�11 _c MY{AfMV �iT� M lfl ,.�Mp BOUM29NX 043 CCl1MONWEALTH OF MASSACHUSETTS Barnstable, as July) 19e1 Then personally appeared the above named Irving C. Ellis and Lydia H. Ellis and acknowledged the foregoing instrument be their free act and deed, before me, r�( ota Pu C My commission pireA: AJJ 1 i C ` 111111111 MAYES I HAYES A"00*9754T.IAW. I.0 i� MST YM IIM fT MTYIW�. ul1MACM11�f1T� MCI N I>I 1>►OMa RU101 ULU JUL Zj 81 i s a • c6mmoiiiv . th of-Maasacbuietts BAPASTABU—ss- Cr M Than person►ilq appWad the above. esamed .. . ».-_r_ • _ _ ... ..S_SDbOSD �u{I�nrnryy _ Dore @8d @tie_IdoCopgi R,r.�_.__. ... __. ._ ........�` Y Q'66VI �o and-'46owledged tha foregoing mdYttment to bathe'ir free actfaad deed before me s? �' b _. il". +t Barnstable. sq., Reoeived saroh 27, 1951, and is recorded. I, 3'ol E. OLO,, unmarried, of Ya:stouth, Barnstable County, Hassechusetts, for consideration paid, grunt to IRVI"Tr, C. U1.LIS and LYDIA 11. ELLIS, husband and wire, as ten,ar.ts by the entirety, both of said Yarmouth, -rith QUITCLAIM COIF-tiNTS, the land, ulth the buildings theroon, situated in saiv Yarmouth, bounded and described aW follows, SJESTF.1'.LY by Center Stroat, so—called) NORT'IC1MY by land now or formerly of Clifton W. Ellis; a EAST1- LY by the cre6K; dos SOL'TiIERLY by land now or formerly of 1?redorick Dunbar; q ut:£StrRLY by land now or forrasrly of 1311fam Jl. Sears; c SOLIT101ZLY by land note or formerly at said Soars; 0 MSTERLY b} said Center Street; NORTHERLY by land now or formerly of Ir-d ng C. Mlis; NEST11?1IY by land of said Irving C—Ellis; and SOL'T1MnLy by land .of said Irving C. Ellis ;downing and intending to convey all that land convoyed by Heman Taylor et al to Helena Olar, by deed dated February 1, 17A5 , recorded in the Barnstable County Registry of Deods in Boob 218, page 211 and the land conveyed by Freeman Rydmr to said Helena Olar, by deed dated September 1, 1876, recorded in said Registry of Deeds in Boole 125, Page 2601 with the exception of thoaa parcels of land conveyed to William 11. Sears and Irving C. Ellis on said Center Street. V 779 For ~my. -title see Probate of the Estate of Helena Olar and 't"'�iYipt> �:' Sears,, both �iily filed in the Barnstable County Probate g� Court. Together with all the houechold furniture and furnishings and otber personal property contained on the above described promises. Reserving, ~however, to myself alt estate for my .natural life in the homestead and the land above conveyed, . WITNESS my hand. and seal this 27th day of :larch, 1951. COtC'iORJEI�LTif OP ILL SSACiiMTTS Barnstable s5 ?larch 27, 1961 Then personally appeared the above named John E. Olar and acl:notvledged tY,e forogoing instrument to be his free act and dead, ,. hofore no, t ar;U U UI I c� �jj' comas, exp. Barnstable, as., Reoeived Z_aroh 27, 1951, and ie recorded. o i i Hyannis Trust Company, a Massachusetts ba ing corporation with its princippal place of business in Barnstable hyanniaJ Barnstable Oounty, t Idassaohusetts, present 1 holder of a moiteaea from Lido, Inoorporate8 of Yarmouth to Hyannis Trust Company dated February 3, 1948 r recorded with Barnstable Oounty Registry of Deeds I � t 'D Boos; b97 i ,Page 525 acknowledges satfafaction of lhesame 3tt tt ttielig 1fljjpTptf, tha ,aid HY.ONIS TRUST COMPA14Y Lu eauxA ftv corporate real to be hereto affixed rand these presents to he signed In iti natty Walter B. Chase, Its President and,�- 1 Gerard C. Bessarp+ iu Treasurer th4a tlgsntq�Yt2t�. diy • �! " .F" I MarchA. 1).19 51. BYANHIS TRUST COst --- -------'---�----- � . Ares •. t 15 Mattis Drive Map 140, Parcel 63 Vision Government Solutions Page 1 of 3 IS MATTIS DR Location 15 MATTIS DR Mblu 140/ 63/ Acct# 16098 Owner HALPERT HARRIS Current Value Valuation Year 2015 Owner of Record Owner HALPERT HARRIS Co -Owner HALPERT ELIZABETH I Address 15 MATTIS DR YARMOUTH PORT, MA 02675 Ownership History Owner HALPERT HARRIS BOUTE LL I EAN N E M TR BOUTELL RALPH G Building Information Building 1 : Section 1 Assessment $421,500 PID 16098 Building Count 1 Assessment Improvements I Land $2 23, 700 $197, 800 Sale Price $366,000 Certificate Book & Page 23207/ 116 Sale Date 10/10/2008 Total $421,.500 Ownership History Sale Price Certificate Book & Page Sale Date $366,000 23207/ 116 10/10/2008 9091/ 244 03/14/1994 $0 Year Built: 1982 Living Area: 1580 Replacement Cost: $276,114 Building Percent 80 Good: Replacement Cost Less Depreciation: $220,900 Building Attributes Field I Description fill Style Cape Cod Model Residential Grade: Average +10 Stories: 1 1/2 Stories Occupancy 1 Exterior Wall 1 Wood Shingle Building Photo (http://images.vgsi.com/photos/YarmouthMAPhotos//\00\02 \69/58.jpg) http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=16098 9/24/2015 Vision Government Solutions Page 2 of 3 Exterior Wall 2 Roof Structure: Gable/Hip Roof Cover Asph/F GIs/Cmp Interior Wall 1 Drywall/Sheet Interior Wall 2 Interior Fir 1 Carpet Interior Fir 2 Hardwood Heat Fuel ! Gas Heat Type: I Hot Water AC Type: Central Total Bedrooms: 3 Bedrooms Total Bthrms: 2 Total Half Baths: I 0 I Total Xtra Fixtrs: Total Rooms: Bath Style: Average Kitchen Style: Modern Building Layout Building Sub -Areas I Legend Code Description Gross I Living f Area !I Area BAS i First Floor 1112 1112 FHS Half Story, Finished 936 468 I FBM Basement, Finished 936 0 FGR Garage 416 0 WDK ' Deck, Wood 192 10 3592 1580� Extra Features Extra Features jib Code Description Size Value (� Bldg # FPL2 1.5 STORY CHIM 1 UNITS 111 $2,000 1 FPO EXTRA FPL OPEN 1 UNITS $600 1 Land Land Use Use Code 1010 Description SINGLE FAM MDL-01 Zone Neighborhood 0080 Alt Land Appr No Category Outbuildings Code I Description PAT1 PATIO-AVG Valuation History Land Line Valuation Size (Acres) 0.48 Frontage 0 Depth 0 Assessed Value $197,800 Outbuildings Sub Code Sub Description Assessment Leciend Size Value Bldg # 160 S.F. $200 1 http://gis.vgsi.com/yarmouthma/Pareel.aspx?pid-16098 9/24/201 S Vision Government Solutions Page 3 of 3 Valuation Year I Improvements 2015 2014 2013 $192,400 $180,500 $173,400 Land $197,800 $177, 600 $187,800 Total $390, 200 $358,100 $361,200 (c) 2014 Vision Government Solutions, Inc. All rights reserved. http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid16098 9/24/2015 20 Bk 23207 Ps116 52726 1ti—X.C1--2�C�S a'1 U1-44o Quitclaim Deed I, CHRISTOPHER SLOTTA, Trustee of Jeanne M. Boutell Trust under Declaration of Trust dated March 11, 1994 recorded in the Barnstable Registry of Deeds in Book 9091, Page 235 of Bellingham, Middlesex County, Massachusetts in consideration of THREE HUNDRED AND SXTY-SIX THOUSAND AND 00/100 ($366,000.00) DOLLARS grant to HARRIS HALPERT and ELIZABETH J. HALPERT, Joint Tenants with Rights of Survivorship, of Acton, Middlesex County, Massachusetts (0 0 w u,.o V.. r`r,*V , 1-a 2 ,A-e.,i u,., M A . 01 `1 a 0 with Quitclaim covenants The land with the buildings thereon located in Yarmouth, Barnstable County, Massachusetts, with a residential address of 15 Mattis Drive, Yarmouth Port, MA 02675 more particularly described as follows: Being shown as Lot 6, containing 21,020 square feet, more or less, on a plan entitled "Subdivision Plan of Land in Yarmouth, Massachusetts for Irving C. & Lydia H. Ellis Scale 1" _ 50' May 1960 Gerald A. Mercer & Co., Inc. Engineers South Yarmouth, Massachusetts," which said plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 156, Page 151. Subject to easements, rights, restrictions and covenants of record if they affect the locus and are in full force and effect, expressly not intending nor meaning to extend the same in the event that they have expired by operation of law or otherwise. Meaning and intending to convey the same premises as conveyed by deed of Jeanne M. Boutell to Jeanne M. Boutell Trust under Declaration of Trust dated March 11, 1994 recorded in the Barnstable Registry of Deeds in Book 9091, Page 235 and recorded with Barnstable District Registry of Deeds in Book 9091, Page 244. SC14WER & KATth, P•t% AMON, MA 01720 MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Dater 10-10-2008 8 01:04pe Ctl�. 722 Doctl 52726 Feee $1051.72 Cons: $366r000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 10-W-2008 8 01:04pm CLIY: 722 Doc': 52726 Fee: $834.48 Cons: $3660000.00 e> Bk 23207 Pg 117 #52726 Witness my hand and seal this 8th day of October, 2008 /)It. F " '%0, R ,,, - 1� Ai5i TO Christopher Slotta, Trustee of .Leanne M. Boutell Trust COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. October 8 2008 On this 8th day of October, 2008 before me, the understVqd notary public, personally appeared CHRISTOPHER SLOTTA, Trustee of Jcan a M. Boutell Tru under Declaration of date March 11, 1994 recorded in th B ns le Regist of Deeds in Book 9091, P 2 o e through satisfactory ev de f dentific on, which wcre to be the person who e i sign on the preceding or attached document, and acknowledged to me that he/s a s' a it v untarily for its stated purpose. :)t P is Mark L. Scheier y o ission Expires: 5-22--09 . MAXC L SCHEIER �+. okay PutAiz �� f' � Commorrvr2aTn of Tf.�;.sz�use� WCay 22 BARNSTABLE REGISTRY OF DEEDS BNO9091-0244 94-09--14 10824 11 QUITCLAIM DEED I, JEANNE M. BOUTELL, of Yarmouth Port, MA, surviving tenant by the entirety, for consideration paid in the amount of $1.00, grant to JEANNE M. BOUTELL, as Trustee of JEANNE M. BOUTELL TRUST, under a Declaration of Trust of even date, recorded herewith, of 15 Mattis Drive, Yarmouth Port, MA 02675, with quitclaim covenants, the land with buildings thereon located in Yarmouth, Barnstable County, Massachusetts, with a residential address of 15 Mattis Drive, Yarmouth Port, MA 02675 more particularly described as follows: Being shown as LOT 6, containing 21,020 square feet, more or less, on a plan entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. & Lydia K. Ellis Scale 1" - 50' May, 1960 Gerald A. Mercer & Co., Inc. Engineers South Yarmouth, Mass.", which said plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 1560 Page 151, Being the same premises conveyed to the grantor and the late Ralph G. Boutell by deed of Irving C. Ellis, et ux dated June 23, 1981, and recorded in Book 3312 Page 335 of said Deeds, to which reference is made for title. Witness my hand and seal this day of Be.br"w-y, 1994. IYa (,-. h 9 1 * -I- -0;v &!�g& J,Kanne M. Boutell Commonwealth of Massachusetts MCA r(h Barnstable, as. FelSMary /1 , 1994 Then personally appeared before me the above named Jeanne M. Boutell, who acknowledged the foregoing to be her free act.,And . doe : l �. .!f'j�'~ Ro ert A. Scandurra :•• T q Y., es Notary Public u *4A 1 y my commission expires: a;�i51:►— . : ♦ 2/14/97 NP BARNSTABLE REGISTRY OF DEEDS HATES l HATES ATTORNn'rATaAW P.C. Y ■YT WI. aTl�fT .'r Boox= IGE 17139 WE, IRVING C. ELLIS and LYDIA H. ELLIS, husband and wife, as tenants by the entirety, both of 148 Center Street, Yarmouth (Port), Massachusetts 02675, in consideration of SIXTEEN THOUSAND FIVE HUNDRED AND N01100 ($16,500.00) DOLLARS paid, grant to RALPH G. BOUTELL and JEANNE M. BOUTELL, husband and wife, as tenants by the entirety, both of 9 Pine Hill Avenue, Chelmsford, Massachusetts 01824, with QUITCLAIM COVENANTS, the land in Yarmouth (Port), Barnstable County, Massachusetts, bounded and descrjbed as follows: NORTHEASTERLY by land now or formerly of Clifton W. Ellis, as shown on plan of land hereinafter mentioned, one hundred seventy-six and 59/100 (176.59) feet; SOUTHEASTERLY by Mactis Drive, as shown on said plan, one hundred twenty-eight and 91/100 (128.91) feet► SOUTHWESTERLY by Lot 5 and a portion of Lot 2 in two courses, as shown on said plan, a total distance of one hundred fifty-eight and 57/100 (158.57) feet; and NORTHEESTERLY by Lot 1, as shown on said plan, one hundred thirty-five and 32/100 (135.32) feet. Being shown as LOT 6, containing 21,020 square feet, more or less, on a plan entthe-a "Subdivision Plan of Land in Yarmouth, Mass, for Irving C. s Lydia H. Ellis Scale 1" - 50' May, 1960 Gerald A. Mercer i Co., Inc. Engineers South Yarmouth, Mass.", which plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 156, Page 151. TOGETHER with a right of way over the streets and ways as shown on said plan in common with others entitled thereto for the purposes for which streete and ways are commonly used. said premises are subject to the following restrictions: COMMONWEALTH OF MASSACHUSFTIS .�. DEEDS n B ;, H 4 BooW12nu 336 1. No structures shall be erected, altered, placed, or permitted to remain on any building plot in said subdivision other than a single-family dwelling and accessory buildings, such as a garage, garden house and the like. No trailer, basement, tent, garage, barn or other outbuilding erected in said sub- division shall be at any time used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. 2. No dwelling, containing less than 800 square feet of living area, exclusive of garages, carports, and accessory buildings shall be permitted on any building plot. Use and occupancy If the premises shall be subject to zoning, building, health, sewage disposal and sanitation regulations of the Town of Yarmouth and all agencies having jurisdiction. 3. No building shall be erected, placed or altered on any building plot in such subdivisions until the building plans and specifications have been approved by the seller, which approval shall not be unreasonably withheld, for which approval no charge will be mane. 4. Rubbish and garbage must be kept in suitable containers and removed from the premises. No rubbish or garbage may be burned or dumped on the premises. No activity shall be Permitted upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. For our title see deed from John E. Olar dated March 27, 1951 and recorded in Barnstable County Registry of Deeds in Book 779, Page 95. WITNESS our hands and seals this cl S " day of June, 1991. Irving �, s �— Ly(ia COMMONWEALTH OF MASSACHUSETTS rnstable, ss June 'J'3 Them personally appeared the above named Irving CCEijiand R Ri4* dia g, Ellis and acknowled forego in tr nt to v"k'- o it free act and deed, be ore , w"fw,,-,V ►p M Iti i expires: rY JUN 26 B I 1 I 1 �n .�•yf� �+vH,a�r CM :�Cyl� `• fi4'4,. Y. r`!,'.' : F'+-y - • !.:! -"' :. -, '' - ; . c ' ...........-,...... GOmmoti-o th of Masaachuietts SARRS`CABLE S3 A' � %• te° penron►llp appeared die above: named utd-aciaewledeed tha foregoing in,t Ment to bethau free act and deed befare 0c Barnstable, as., Aeoelved Waroh 27, 1951, and is recorded. I, ,7OlfN T. OLA.R, unmarried, of Yaraiotith, Barnstable County, 11assaohusotts, for consideration paid, grunt to IRVI?IG C. ULLIS and LYDIA 11. BLLIS, husband and hiftz, as tenants by the entirety, both of said Yarmouth, Nith Q1;ITCLAPI CO11 IANTS, the land, Ath the buildin;s thereon, situatod in said Yarmouth, bounded and described tis'followsr WESTRRLY•hy Center Stroet, so.-calladl g HORTURLY by land now or formerly of Clirt.on W. Ellis; s+ a EAMMY by the creak; SOUTfl2RLY by land now or formerly of J?redori.ab Dunbar; °u i:ESi'CRLY by land now or formerly of 1311iam R. Soars; SOUTIIIr97,Y by land now or formerly of said Sears! IMSTrMY bj, said Center Street; NORTIILv".LY by land now or formerly of Ir%l ng C. MIS-1 IMSTEW. by land of said Irving C — Bil is; and SOUTITERLk •by laand.of said Irving C. Ellis; ;loaning and intending to convey all that land convoyed by iceman Taylor et al to Ho2ena Olar,, by deed dated February 1, l8h$, recorded it tla Aarnstable Connty Registry of Deeds in hook 218, page 211 and the land conveyed byPraeman Rydnr to said Helena Olar, by deed dated September 1, 1876, recorded in said Registry of Deeds in Book 125, Page 2851 with the exception of those parcels of land conveyed to Wiliam 11. Sears add Irving C. Ellis an said Center Street. 0 779 For rry.•title see ,probate of the Estate of Helena Olar and Ch g: Sears, both tAy* filed in the Barnstable County Probate Court. Together with all the household furniture and furnishings and otber p0r5onal property contained an the above describtd premises. however, to myself an estate for ny natural Reserving, , • life in the haptestead and the land above conveyed. . VITNESS 'my h4nd,and seal fhie 27th day of }lsrch, 1951. CO1iIOri1f13AI..TIi OF JUSSACITU,52TTS Barnstable ss March 27, 1951 Than personally appeared the above named John r. Olar and acl>nowledged the forogeinC instrument to be his free act and deed, Before me, :J W fib" contn, exp.Wlu aQ 19-�-1 Barnstable, ss., Received 1:arcb 27, 1951, and to recorded. Hyannis Trust Company, a Uassachusetts ba g corporation With its- prinaipa.3_ place of businnas in Barnstabla�yannisi Barnstable Qounty, Rassaohuaetts, present hold eroE a mortg,tga from Lido, Inoorporated of Yarmoutj t0 ayannis Trust company Gated February 3, 1948 raeordedwith Barnstable Oouuty Registry of Dceda Ifoot< 687 , pa a 526 acknawtedges catlsfactlon of Lheasmo 3tA miiV511 1AIP Unf, thasaid HY,tNNIS TRUST COMPANY ! `}Y hu auuA (ts m rats gal to be hereto afyi:ced and Lhasa presettts to Ue efgncd In its ra • vb� Walter . Chase, Its President and Gerard C. Besse its Treasurer this twenty-t4iYt.ti: dtlg4 'I March Sl HYANNI5 TRUST by 154 Center Street Map 140, Parcel 58C Vision Government Solutions Page 1 of 3 154 CENTER ST UNIT 1 Location 154 CENTER ST UNIT 1 Mhlu 140/ 58/ C1/ / Acct# 16102 Owner MDCLDH RLTY INVESTMENTS LLC Current Value Valuation Year 2015 Owner of Record Owner MDCLDH RLTY INVESTMENTS LLC Co -Owner Address 25 CARLETON DR MASHPEE, MA 02649 Ownership History Owner MDCLDH RLTY INVESTMENTS LLC LEE CHRISTOPHER ] FEDERAL NAIL MORTGAGE ASSOC CROSSEN RALPH CROSSEN RALPH Assessment $91,000 PID 16102 Building Count 1 Assessment j Improvements Land $91,000 $0 Sale Price $100 Certificate Book & Page 27318/ 282 Sale Date 04/24/2013 Instrument IF Total $91,()0() Ownership History Sale Price Certificate Book & Page Instrument Sale Date $100 27316/ 282 1F 04/24/2013 $75,000 23628/ 236 15 04/21/2009 $179,938 23609/ 294 1L 04/14/2009 $100 21318/ 224 1F 09/01/2006 $515,000 20612/ 307 12/28/2005 Building Information Building 1 : Section 1 Year Built: 1920 Living Area: 644 Replacement Cost: $120,793 Building Percent 75 Good: Replacement Cost Less Depreciation: $90,600 Building Attributes Field I Description STYLE Condominium MODEL Res Condo Stories: 1.5 Building Photo http://gis.vgsi.com/yarmouthma/Parcel.aspx?pid=16102 9/24/2015 Vision Government Solutions Page 2 of 3 Grade Average +20 i Occupancy 4 IInterior Wall 1: Drywall/Sheet Interior Wall 2: Interior Floor 1 V Pine/Soft Wood Interior Floor 2 Heat Fuel: I Gas Heat Type: Forced Air-Duc AC Type; None Ttl Bedrms: I 1 Bedroom Ttl Bathrms: I 1 Full Ttl Half Bths: Xtra Fixtres Total Rooms: Bath Style: Average Kitchen Style: Modern I Grade Average +20 Stories: 1.5 Residential Units: 4 Exterior Wall 1: Vinyl Siding Exterior Wall 2: Below Average Roof Structure Gable/Hip I Roof Cover Corrugated Asb Cmrcl Units: 0 6 Res/Com Units: 0 Section #: 0 IParking Spaces 0 Section Style: V 0 Foundation Security: Cmplx Cnd l I Xtra Field 1: 1 Remodel Ext: Super Extra Features (http://irnages.vgsi.com/photos[YarmouthMAPhotos//\00\01 \67/37.jpg) Building Layout Building Sub -Areas Lepend Gross ( Living Code Description Area I Area BAS First Floor 16" 16" no Patio 196 10 1 1740 16" 1 Extra Features j cose Description Size 1 Value FWl FLUE -CONCRETE 1 UNITS $40O Land Land Use Land Line Valuation L ilknd Bldg # 1 http://gis.vgsi.com/yarmouthma/Pareel.aspx?pid =16102 9/24/2015 Vision Government Solutions Page 3 of 3 Use Code 1020 Description CONDO MDL-05 Zone Neighborhood 0076 Alt Land Appr No Category Outbuildings Valuation History Size (Acres) 0 Frontage 0 Depth 0 Assessed Value $0 Outbuildings Legend No Data for Outbuildings Assessment Valuation Year I Improvements I Land I Total 2015 $81,600 $0 $81,600 2014 $81,600 $0 $81,600 2013 $86,700 $0 $86,700 (c) 2014 Vision Government Solutions, Inc. All rights reserved. http://gis.vgsi.corn/yarnnouthma/Parcel.aspx?pid-16102 9/24/2015 Bk 21113 P0224 42--38903 06-20-2006 a 10 e 1 1 cx MASTER DEED OF GRAY'S BEACH CONDOMINIUM RALPH CROSSEN AND MARY CROSSEN of 18 Woodridge Road, Sandwich, MA 02537 (hereinafter referred to as the "Declarant") as owner of the premises located at 154 Center Street, Yarmouthport, Barnstable County, hereinafter described, by duly executing and recording this Master Deed in the Barnstable County Registry of Deeds, do hereby submit said premises to the provisions of Chapter 183A of the General Laws of Massachusetts and propose to create, and hereby do create with respect to said premises, a condominium (the "Condominium") to be governed by and subject to the provisions of Chapter 183A, and to that end declare and provide the following: 1. Name The name of the Condominium shall be GRAY'S BEACH CONDOMINIUM. 2. Description of Land The premises which constitutes the Condominium is located on the cast side of Center Street in the Yarmouthport section of the Town of Yarmouth, Barnstable County, Massachusetts known and numbered as 154 Center Street, Yarmouthport, MA, such land, together with the buildings and improvements thereon is shown on a plan of land to be recorded herewith entitled "Condominium Site Plan for Gray's Beach Condominium, located at: 154 Center Street, Yarmouth, MA., prepared for Ralph Crossen", dated February 20, 2006, prepared by Yankee Survey Consultants, Unit 1, 40 Industry Road, P.O. Box 265, Marstons Mills, Mass. 02648, (the 6containing, an") recorded with the County Registry of Deeds in Plan Book Cog , Page according to said plan, 19,950 square feet of land, and being more particularly described on Exhibit "A" attached hereto. 3. Description of the Buildings The Condominium consists of three (3) buildings containing a total of four (4) units, each unit is of wood frame construction having wooden bearing walls, wooden floors, partial concrete block foundations, wood shingle siding and asphalt shingle roofs. Units 1 and 3 are two (2) stories in height with no basement. Units 2 and 4 are one (1) story in height with no basement. 4. Designation of Condominium Units One building has been divided into two (2) units designated as Unit 1 and Unit 2, while Unit 3 and Unit 4 are free-standing units (the "Units"), respectively, all situate in the Town of Yarmouth, County of Barnstable and Commonwealth of Massachusetts. The units are to be used solely for residential purposes. Common area and facilities have been provided for these units. Such units are more particularly described as to designation, location, number of rooms, approximate area, area of exclusive use and immediately accessible common area and facilities Bk 21113 Pg 225 #38903 in Exhibit "B" attached hereto and on the floor plans of GRAY'S BEACH CONDOMINIUM depicting Unit 1, Unit 2, Unit 3 and Unit 4. Unit l contains and includes a living room, a kitchen, a bathroom and a loft/bedroom, and consists of an area of approximately 644 square feet. Unit l is hereby granted an easement for the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use ` 1 "' consisting of approximately 1,792 square feet. Unit 2 contains and includes an entrance hall, a living room, a kitchen, a bathroom and a bedroom, and consists of an area of approximately 454 square feet. Unit 2 is hereby granted an easement for the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `2"' consisting of approximately 1,872 square feet. Unit 3 contains and includes a living room, a kitchen, a bathroom and a loft/bedroom, and consists of an area of approximately 332 square feet. Unit 3 is hereby granted an easement for the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `3"' consisting of approximately 2,180 square feet. Unit 4 contains and includes a living room, a kitchen, a bathroom and a bedroom, and consists of an area of approximately 262 square feet. Unit 4 is hereby granted an easement for the exclusive use of the area shown on the Site Plan as "Area of Exclusive Use `4"' consisting of approximately 1,502 square feet. The Owner of any Unit may, at any time and from time to time, change the use and designation of any room or space within such Unit, subject always to the provisions of Sections 10 and I I hereof, and subject to, and in compliance with, local zoning by-laws and regulations, all state and local codes, and rules and regulations governing the same and may, subject to the provisions of the next sentence, modify, remove or install non -bearing walls lying wholly within such Unit. Any and all work with respect to installation of interior non -bearing walls or other improvements shall be done in a good and workmanlike manner pursuant to and in compliance with local zoning by-laws and regulations, state and local codes, rules and regulations governing the same, pursuant to a building permit duly issued therefor (if required by law) and pursuant to plans and specifications which have been submitted to and approved by the Trustees of GRAY'S BEACH CONDOMINIUM TRUST, hereinafter referred to, which approval of the said Trustees shall not be unreasonably withheld or delayed. 5. Boundaries of the Units The floor, ceiling, wall and other boundaries of each of the Units are as follows: a. Floors The lower surface of the unfinished sub -floor of the building. b. Ceilings The plane of the upper surface of the ceiling joints of the uppermost ceiling of the Unit. C. Interior Walls 2 Bk 21113 Pg 226 #38903 The vertical planes of the innermost unfinished surfaces of the interior walls dividing the unit from the other units and common areas and facilities. d. Exterior Walls The vertical planes of the innermost unfinished surfaces of the exterior building walls. C. Doors and Windows As to the doors, the exterior surface thereof, as to the windows, the exterior surface of the glass and window frames and windows. Notwithstanding any other provisions of this Master Deed, the Condominium Trust, the By -Laws and the Rules and Regulations promulgated pursuant thereto, no Unit Owner shall have the right to: 1) raise the roof or enlarge or modify the footprint of his respective Unit in order to create additional building space or to create different building space; or 2) make modifications to the exterior of any of the buildings without first: l) obtaining written approval and consent of 100% of the Unit Owners; 2) amending the Master Deed to reflect any resulting change in percentage interest in the common areas and facilities; 3) filing appropriate plans with the Barnstable Registry of Deeds; 4) complying with any and all other provisions set forth in the within Master Deed relating to such modifications and 5) obtaining the prior approval of the Yarmouth Zoning Board of Appeals and all other state and local regulatory boards, commissions or agencies which have jurisdiction over the proposed modifications. Notwithstanding the above, a Unit Owner shall be permitted to replace windows or doors without complying with the requirements set forth above as long as the new or replacement doors or windows used are of a style and design consistent with the window or door being replaced and as long as said Unit Owner first obtains the approval of Old King's Highway Historic District Commission and the Town of Yarmouth Building Inspector, if such approvals are necessary according to the rules and regulations of said commission and the Town of Yarmouth. 6. Common Areas The Common Areas and Facilities of the Condominium shall consist of the following to the extent that the same are not included within a Unit or Units: a. The land described in Exhibit "A" together with the benefit of and subject to the rights of easements referred to in Exhibit "A"; b. The foundations, structural columns, girders, beams, supports, exterior walls, party walls and common walls and roofs of the buildings; C. All conduits, ducts, pipes, plumbing, wiring, chimneys, flues and other facilities for the furnishing of utility services which are contained in portions of the buildings contributing to the structure or support thereof, and all such facilities contained within any unit which serve parts of the Condominium other than the unit within which such facilities are contained, and the right to use all such facilities which are situated on the premises and are leased to or otherwise subject 3 Bk 21113 Pg 227 #38903 to the use and disposition of the Trustees of the GRAY'S BEACH CONDOMINIUM TRUST; d. The yards, lawns, driveways, plants and walkways and the improvements thereon and thereof (subject to such exclusive rights and easements appurtenant to Units as are hereinabove set forth and as may be established pursuant to provisions hereinafter set forth); e. The septic system or systems serving the Condominium premises, if any, and all pipes, lines and connections thereto or to the municipal sewer system, if applicable, located outside of a unit; f. The parking area shown on the site plan; g. All other elements and features of the Condominium property, however designated or described, excepting only the Units themselves as herein defined and described, and such additional facilities and common areas as may be defined in said Chapter 183A. The owner or owners of each Unit, hereinafter called the "Unit Owner" shall be entitled to an undivided interest in the Common Areas and Facilities and shall be subject to: a. The terms and provisions of this instrument and of the By -Laws of GRAY'S BEACH CONDOMINIUM TRUST, as defined and described in Section 13 hereof; b. Rules and Regulations promulgated pursuant thereto with respect to the use thereof; and C. The timely making of the payments required to be made in connection therewith. In addition to and not in limitation of the rights of Unit Owners as elsewhere herein set forth and as provided in said Chapter 183A, the Owner or Owners of each Unit shall have, as appurtenant to such Unit, the rights and easements, in common with the Owner or Owners of all other Units and subject to like rights and easements appurtenant of such other units, to use the common areas and facilities, including without limiting the generality thereof, walks, paths, conduits, ducts, pipes, plumbing, wiring, chimneys, flues, trash containers and other facilities for the furnishing of utilities and services, subject always, however, to: a. The exclusive rights and easements herein granted to particular Units in certain facilities. b. The restrictions and other provisions herein set forth; and Rules and Regulations promulgated by the Board of Trustees of GRAY'S BEACH CONDOMINIUM TRUST. The Trustees of GRAY'S BEACH CONDOMINIUM TRUST shall have, and are hereby granted, the right of access at all reasonable times to each Unit for purposes of operation, 4 Bk 21113 Pg 228 #38903 inspection, protection, maintenance, repair and replacement of common areas and facilities, and correction, termination and removal of acts or things which interfere with the common areas and facilities or are otherwise contrary to or in violation of provisions hereof. The Trustees of GRAY'S BEACH CONDOMINIUM TRUST shall also have, and are hereby granted, the exclusive right to maintain, repair, replace, add to and alter the paths, walks, utility and service lines and facilities, lawns, trees, plants and other landscaping comprised in the common areas and facilities, and to make excavations for said purposes; and no Unit Owner shall do any of the foregoing without the prior written permission of the said Trustees in each instance. If any portion of the common areas and facilities encroaches upon any Unit or any Unit encroaches upon any other Unit or upon any portion of the common areas and facilitates as a result of settling or shifting of a building, an easement for the encroachment and for the maintenance of the same so long as the building stands shall exist. If any building, any Unit, any adjoining Unit, or any adjoining part of the common areas and facilities shall be partially or totally destroyed as a result of fire or other casualty or as a result of eminent domain proceedings, and then rebuilt, encroachments and the maintenance thereof shall exist so long as the subject building shall stand. 7. Provisions Concerning Exclusive Use Easement Areas The grants of exclusive use easements as set forth in this Master Deed are subject to the following conditions and restrictions: a. An exclusive use easement is defined as the right to use an area of exclusive use as shown on the Site Plan to the exclusion of all other Units of the Condominium except for that Unit which has the benefit of the easement; and b. No Unit Owner shall make any use whatsoever of an area of exclusive use as set forth in this Master Deed except for the Unit Owner whose unit has the benefit of an exclusive use easement for the particular area. The use of areas of exclusive use shall be subject to the provisions of this Master Deed, the terms and conditions of GRAY'S BEACH CONDOMINIUM TRUST and all By -Laws and Rules and Regulations enacted pursuant thereto. In no event shall the owner or owners of any unit which has the benefit of such an exclusive use easement cause to have erected a fence or other like structure around or upon any such area of exclusive use, with the exception of any fences, stone walls, patios, trellises or the like already existing thereon as shown on the Site Plan. Further, any area of exclusive use located above components of the septic or sewer collection system serving the units of the Condominium, is subject to the right of the Trustees of GRAY'S BEACH CONDOMINIUM TRUST to obtain access to the said system for purposes of inspection, maintenance, repair, pumping and/or replacement thereof. 8. Plans 5 Bk 21113 Pg 229 #38903 The Site Plan, bearing the verified statement of a registered surveyor that said plan fully and accurately depicts the location of the buildings included in the Condominium, and the Floor Plan of the buildings and units included in the Condominium, showing the layout, location, unit designations and dimensions of the Units, and bearing the verified statement of a registered surveyor that said plans fully and accurately depict the same, are recorded herewith as follows: a. Site Plan "Condominium Site Plan for Gray's Beach Condominium, located at: 154 Center Street, Yarmouth, MA., prepared for Ralph Crossen", dated February 20, 2006, prepared by Yankee Survey Consultants, Unit 1, 40 Industry Road, P.O. Box 265, Marstons Mills, Mass. 02648, (the "Site Plan") recorded wi tie Barnstable County Registry of Deeds in Plan Book -Q, Page $ , containing, according to said plan, 19,950 square feet of land. b. Floor Plans "Gray's Beach Condominiums Floor Plans located at #154 Center Street, Yarmouth, MA prepared for Ralph Crossen", Graphic Scale 1 inch = 8 ft., dated 2/20/06 for Units 1,2,3 and 4; Sheets 1, 2, 3 and 4, which plans are recorded -in 9. Interest of Units in Common Areas and Facilities Each Unit of the Condominium shall be entitled to an undivided interest in the common areas and facilities in the percentage specified therefor in Exhibit "C", annexed hereto and made a part hereof, and shall at all times be in accordance with the provisions of said Chapter 183A and distributed among the Units then included in the Condominium in fair and equitable proportions. 10. Purposes The building and each of the four (4) Units therein are intended for any residential use as allowed by this Master Deed, the Condominium Trust, By -Laws, applicable local and state laws, rules, regulations and by-laws. The Declarant may, until all of said Units have been sold by said Declarant: a. Lease units which have not been sold for use for residential occupancy; and b. Use any units owned by Declarant as models for display purposes for the sale or leasing of units. 11. Restrictions on Use of Units Unless otherwise permitted by instrument in writing duly executed by the Trustees of 0 Bk 21113 Pg 230 #38903 GRAY'S BEACH CONDOMINIUM TRUST pursuant to the provisions of the By -Laws thereof and unless the same also be in compliance with the zoning by-laws of the Town of Yarmouth: a. No Unit shall be used other than solely for residential purposes as a one -family type or single household unit. b. No Unit shall be used or maintained in a manner contrary to, or inconsistent with, the By -Laws of the GRAY'S BEACH CONDOMINIUM TRUST and regulations which may be adopted pursuant thereto. The architectural integrity of the building and the Units shall be preserved without modification, and to that end, without limiting the generality thereof, no awning, screen, antenna, sign, banner or other device and no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to any Unit or any part thereof; no addition to or change or replacement (except, so far as practicable, with identical kind) of any exterior light, door knocker, or other exterior hardware, shall be made, and no painting or other decoration shall be done on any exterior part or surface of any Unit nor on the interior surface of any window; provided however, that the provisions of this subparagraph (c) shall not restrict the right of any Unit Owner to decorate the interior of his Unit(s) as he may desire so long as such Unit Owner shall in no way whatsoever after, remove or otherwise modify any structural components of his Unit(s). d. Dogs, cats or other customary household pet animals or birds not to exceed one (1) in number may be kept in any Unit only by the Owner of such Unit, provided, however that they are not in such number or type as to be noisome or offensive to occupants of other Units, and shall be suitably leashed or caged whenever they are on the Condominium premises outside the interior of any Units. In no event shall any tenant or guest of a Unit Owner keep any such animal or bird in any Unit, unless so authorized in writing by the said Trustees. All use and maintenance of such Units shall be conducted in a manner consistent with the comfort and convenience of the occupants of other Units and in accordance with provisions with respect thereto from time to time promulgated by said Trustees. Said restrictions shall be for the benefit of the Owners of all of the Condominium Units and shall be enforceable solely by the Trustees of GRAY'S BEACH CONDOMINIUM TRUST as the persons in charge of the common areas and facilities, and shall, insofar as permitted by law, be perpetual; and to that end, may be extended by said Trustees at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No such Owner shall be liable for any breach of the provisions of this paragraph except such as occurs during his or her ownership thereof. 12. Amendments 7 Bk 21113 Pg 231 #38903 This Master Deed may be amended only by an instrument in writing (a) signed by the Owners of Units entitled to seventy (70%) percent or more of the undivided interest in the common areas and facilities, (b) signed and acknowledged by a majority of the Trustees of GRAY'S BEACH CONDOMINIUM TRUST, and (c) duly recorded with the Barnstable County Registry of Deeds, PROVIDED HOWEVER, that: The date on which such instrument is first signed by a Unit Owner shall be indicated thereon as the date thereof and no such instrument shall be of any force or effect unless the same has been so recorded within six (6) months after such date; b. No instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same has been so recorded within six (6) months after such date; C. No instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the common areas and facilities shall be of any force or effect unless the same has been signed by the Owners of the Units whose percentage is changed and said instrument is thereon designated and recorded as an Amended Master Deed; d. No instrument of amendment affecting any Unit upon which there is a first mortgage of record or a purchase money mortgage held by the Declarant or his heirs or assigns shall be of any force or effect unless the same shall have been assented to by the holder(s) of such mortgage(s); No instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of said Chapter 183A of the General Laws of Massachusetts shall be of any force or effect. 13. Managing Entity The Trust through which the Unit Owners will manage and regulate the Condominium established hereby is GRAY'S BEACH CONDOMINIUM TRUST under Declaration of Trust dated June , 2006, to be recorded herewith. Said Declaration of Trust establishes a membership organization of which all Unit Owners shall be members in which such owners shall have an interest in proportion to the percentage of undivided interest in the common areas and facilities to which they are entitled hereunder. The names and address of the original and present Trustees thereof (therein designated as the Trustees thereof) are as follows: Ralph Crossen Mary Crossen 18 Woodridge Road Sandwich, MA 02537 18 Woodridge Road Sandwich, MA 02537 The address of the Trust is: 18 Woodridge Road Bk 21113 Pg 232 #38903 Sandwich, MA 02537 Said Trustees have enacted By -Laws, which are set forth in said Condominium Trust, pursuant to and in accordance with provisions of said Chapter 183A of the General Laws of Massachusetts. 14. Units Subject to Master Deed, Unit Deed and Condominium Trust a. All present and future unit owners, their employees, tenants, guests, patrons and visitors shall be subject to and shall comply with, the provisions of the Master Deed, the Unit Deed, the Condominium Trust, the By -Laws and the Rules and Regulations promulgated pursuant thereto, as they may be amended from time to time, and the items affecting the title to the land as set forth in Sections 2 and 6 above. The acceptance of a deed or conveyance or entering into possession of any Unit shall constitute an agreement that: (i) the provisions of this Master Deed, the Unit Deed, the Condominium Trust, the By -Laws and the Rules and Regulations promulgated pursuant thereto, as they may be amended from time to time, and the said items affecting title to the land are accepted and ratified by such owner, tenant, visitor, guest, patron, employee or occupant; (ii) all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof; and (iii) a violation of the provisions of this Master Deed, the Unit Deed, the Condominium Trust, the By -Laws or the Rules and Regulations promulgated pursuant thereto by any such person shall be deemed a substantial violation of the duties of the Owner of the Unit. b. The failure of any Unit Owner to comply with any of the provisions of the Master Deed, Condominium Trust, the Rules and Regulations promulgated thereto and Chapter 183A, shall give rise to a cause of action in the Trustees of said Trust, and any aggrieved Unit Owner, who may then enforce said provisions in any manner permitted by law, including without limitation, by court action, injunctive relief, or damages on behalf of the Trust or individual Unit Owners. 15. Provisions for Protection of Mortgagees Notwithstanding anything in the Master Deed, the By -Laws of the Condominium Trust, or the Rules and Regulations promulgated pursuant thereto to the contrary, the following provisions shall apply for the protection of the holders of the first mortgages (hereinafter "First Mortgagees") of record with respect to the Units and shall be enforceable by any First Mortgagee: E Bk 21113 Pg 233 #38903 a. Any right of first refusal in connection with the sale of a Unit as may be hereafter adopted shall not impair the rights of a First Mortgagee to: (i) foreclose or take title to a unit pursuant to the remedies provided in its mortgage; or (ii) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a mortgagor; or (iii) sell or lease a Unit acquired by the First Mortgagee; b. Any party who takes title to a Unit through a foreclosure sale duly conducted by a First Mortgagee shall be exempt from any such right of first refusal adopted by the Unit Owners and incorporated in this Master Deed or the By -Laws of the Condominium Trust. Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other remedies provided in its mortgage or by-law shall not be liable for such Unit's unpaid common expenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee unless obligated to pay the same by law; d. Except as provided by statute in case of condemnation or substantial loss to the Units and/or Common Elements of the Condominium, unless at least fifty-one percent (51%) percent of the First Mortgagees (based upon one vote for each first mortgage owned), or at least seventy (70%) percent of the Unit Owners (other than the sponsor, developer, or builder) of the individual Condominium Units have given their written approval, the Condominium Trust and the Unit Owner shall not be entitled to: (i) seek to abandon or terminate the Condominium by any act or omission except in the event of substantial destruction of the Condominium by fire or other casualty or in the case of taking by condemnation or eminent domain; or (ii) change the pro rata interest or obligations of any individual Unit for the purpose of: [a] levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or [b] determining the pro rata share of ownership of each Unit in the Common Elements; (iii) partition or subdivide any Unit; or (iv) seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements by any act or omission, provided, that the granting of easements for public utilities or for other public 10 Bk 21113 Pg 234 #38903 purposes consistent with the intended use of the Common Elements shall not be deemed an action for which prior consent of the First Mortgagees shall be required pursuant to this clause; or (v) use hazard insurance proceeds on account of losses to either the Units or the Common Elements for any purpose other than to repair, replace or reconstruct the same, except as otherwise provided by statute in case of a taking of or substantial loss to the Units and/or Common Elements. e. Consistent with the provisions of Chapter l 83A, all taxes, assessments and charges which may become liens prior to a first mortgage under the laws of the Commonwealth of Massachusetts shall relate only to the individual units and not to the Condominium as a whole; f. In no event shall any provision of this Master Deed or the By -Laws of the Condominium Trust give the Unit Owner or any other party priority over any rights of a First Mortgagee pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or taking of such Unit and/or the Common Elements; g. A First Mortgagee, upon request made to the Condominium Trust, shall be entitled to- (i) written notification from the Condominium Trust of any default by its borrower who is an owner of a Unit with respect to any obligations of such borrower under this Master Deed or the provisions of the By -Laws of the Condominium Trust which is not cured within sixty (60) days; (ii) inspect the books and records of the Condominium Trust at all reasonable times; (iii) receive an annual financial statement of the Condominium Trust within ninety (90) days following the end of any fiscal year of the Condominium Trust; (iv) receive written notice of all meetings; and (v) receive prompt written notification from the Condominium Trust of any damage by fire or other casualty to the Unit upon which the First Mortgagee holds a first mortgage or any proposed taking by condemnation or eminent domain of said Unit or the Common Elements. h. No agreement for professional management of the Condominium or any other contract with Declarant may exceed a term of two (2) years, and any such agreement shall provide for termination by either party without cause and without payment of a termination fee on thirty (30) days or more written notice. Bk 21113 Pg 235 #38903 The Declarant intends that the provisions of this Section 15 shall comply with the requirements of the Federal Home Mortgage Corporation and Federal National Mortgage Association with respect to condominium mortgage loans and all questions with respect thereto shall be resolved consistent with that intention. The provisions of this Section 15 may not be amended or rescinded without the written consent of all First Mortgagees, which consent shall appear on the instrument of amendment as such instrument is duly recorded with the Barnstable County Registry of Deeds. 16. Conflicts If any provisions of this Master Deed shall be invalid or shall conflict with Chapter 183A, as amended, of the General Laws of Massachusetts, or if any provisions of this Master Deed conflicts with any other provisions thereof or with any provisions of the Condominium Trust, then the following rules of construction shall be used: a. In the event of a conflict between the Master Deed or the Condominium Trust and said Chapter 183A as amended, the provisions of Chapter 183A shall control; b. The invalidity of any provisions of the Master Deed shall not impair or affect the validity or enforceability of the other provisions of this Master Deed, and such remaining provisions of this Master Deed shall continue in full force and effect as if such invalid provisions have never been included herein; C. In the event of any conflict between the preceding Section 15 and any other provisions of the Master Deed or the Condominium Trust, the provisions of said Section 15 shall control. 17. Waiver No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur. 18. Captions The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any provision hereof. 19. Definitions 12 Bk 21113 Pg 236 #38903 All terms and expressions used in this Master Deed which are defined in Massachusetts General Laws, Chapter 183A shall have the same meanings here unless the context otherwise requires. 20. Governing Law The Units and common areas and facilities, and the Unit Owners and Trustees of the Condominium Trust, shall have the benefit of, and be subject to, the provisions of said Chapter 183A of the General Laws of Massachusetts, and in all respects not specified in this Master Deed or in said Condominium Trust and the By -Laws set forth therein, shall be governed by the provisions of said Chapter 183A in their relation to each other and to the Condominium established hereby, including, without limitation, provisions thereof with respect to common expenses, funds and profits, with respect to improvements and rebuilding of common areas and facilities, and with respect to removal of the Condominium premises or any portion thereof from the provisions of said Chapter 183A. 21. Declarant's Additional Rights; Assignment of Declarant's Rights In addition to all other rights of Declarant hereunder, Declarant reserves unto themselves, their workmen, servants, agents, contractors and work crews, the following rights to be in full force and effect until the last Unit is sold, but in no event shall rights exist for more than fifteen (15) years from recording of the Master Deed and Declaration of Trust with the Barnstable County Registry of Deeds: a. Access, ingress and egress over and upon the Common Elements, including that deemed by the Declarant to be necessary for marketing purposes, to facilitate the work of painting, improvement and other work in progress or contemplated by Declarant during normal working hours; and b. To leave debris resulting from such work in the Common Elements, but only during working periods, provided the same do not endanger safety and provided Declarant removes all such debris as soon as reasonably practicable. Declarant, by deed or separate assignment, shall be entitled to assign any and all of his rights hereunder and in the By -Laws at any time, and from time to time, to any person, trust, firm or entity as may be determined by Declarant, or to the Condominium Trust. 13 Bk 21113 Pg 237 #38903 IN WITNESS W>JEREOF, the said Ralph Crossen and Mary Crossen have placed their hands and seals this day of June, 2006. Mary Crdssen, Declarant COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: On this day of June, 2006, before me, the undersigned notary public, personall' , Ralph Crossen and Mary Crossen personally known to me to a pers se . 0 � signed on the preceding or attached document, and ac edge me at igni voluntarily for its stated purpose.' aniel M. Creedon, III, Notary Public �••,.• "'' My commission expires: 4/14/11 DANIEL M. CREEDON, III NOTARY PUBLIC COMMONWEALTH OF MASSACHUJSMS MY COMUt slON EXPIRES APRIL K 2011 14 Bk 21113 Pg 238 #38903 EXHIBIT A The land with the buildings thereon, situated in Yarmouth (Port), Barnstable County, Massachusetts, described as follows: LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on plan of land entitled "Subdivision Plan of Land in Yarmouth, Mass, for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass, which said plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page 151. The above -described property is conveyed subject to and has the benefit of all rights, restrictions, reservations, easements, encumbrances, appurtenances, and rights of way of record, insofar as the same are still in force and applicable. For title see deed recorded in the Barnstable Registry of Deeds in Book 20612, Page 307. Bk 21113 Pg 239 #38903 d d O vU a aEf 8 .58 50 .575 c° 4,1 oo w°O:�2oo 44Bs�o0 c +I !I +I -H 'Kt Unit Designation Unit 1 Unit 2 Unit 3 Unit 4 Bk 21113 Pg 240 #38903 Percentage Interest in Common Areas and Facilities 30 % 26 % 23% 21% 21113 Pg 241 #38903 d Btl[LDING '"A UNITS 1 2 FM-5T FLOOR KITCHEN ROOAf CLOSET STEP ENT l )YIN. WIN BA TN KITCHEN a CLOSET ,23. 4 ' COMMON HALL UNIT I GRAPHIC SCALE 8 16 I f STAIR I I IN FEET ) 1 inch 8 ft. I HEREBY CERTIFY THAT THIS PL: IiV FULLY AND ACCURATELY DEPICTS THE LA}'OUT.. UNIT DESICN4770NS" DIHENSIONS AND APPROALIM7E AREAS OF TILE U.NITS AS -BUILT DATE F.. kovrB -1 LOCUS MAP TRELLIS PA TIO UNDER STEPHEN �a D0YLE COMMON AREA UTILITIE CLOSES' "CRA Y'S BEAt7H CONDOMINIUMS" FLOOR PLAN 32 Lac:gTWD 1T #154 CENTER STREET YARMO UTH AfA. PREPARED FOR.- RALPH CROS SF,111 FEBRUARy 20, ?006 )'4NKFE �''URVEY CONSULT.=INTS' UNIT 1, 40 I/VDUSTRY LOAD P 0. FAO` 265 AMRSTONS MILLS, M/1,576" 02648 TEL: 426-- 005E Fit Y" 420-- 3553 Bk 21113 Pg 242 #38903 B UILDLIVO "A ,; UNIT 1 SECOND FLOOR STORAGE b n---19. 4 ti.Q fo STAIR d LOCUS MAP "GRA Y'S BEACH CONDOMINIUMS" FLOOR PLAN LOCATED AT #154 CENTER STRFF`T ),ARMO UTH, MA. PREPARED FOR.- RALPH CROSSE'N FEBRUARY 20, 2006 GRAPHIC SCALE p4 8 ,6 IN FEET }. 1 inch - 8 ft. I HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LA } 0 UT UNIT DESIGNATIONS, DIMENSIONS AND APPROXIMATE AREAS OF 7HE UNITS AS -BUILT DATE vA STEPHEN ~ a v J. n ► DDYLE ► � c k 3"a58 � , A ry �z 9 --jr ✓ p -5, -0 0 YANKEE SURVEY CONSULTANTS UNIT 11 40 INDIJS'TRY ROAD P 0. BOA' 265 MARSTONS MILLS, MASS. 0.2648 7EL- 428-0055 FAX- 420 5553 154036 Lilly BVILDI"B', 1G, UNIT 3 FIRST FLOOR TRELLIS PATIO UNDER )A 21113 Pg 243 #38903 i LOCUS AfAP l 1 ENT KITCHCN UNIT 3 FIRST FLOG WIN "GR_A Y'S' BEACH CONDOMINIUMS " CLOSAT COUNTRR �- .FLOOR PLAN F,OG of LOFT LOCATED A T- STAIR #154 CENTER STREET YARMO UTH, MA. LIVINGROOM PREPARED FOR.• WIN. STOOP RALPH CROSSEN FEBRUARY 20, 2006 1,,,&AAA_4 r PtG'S+�h�0 5� t r., V V c sTEPNEFJ DOYLE d q• ,:�7a5J ., � GRAPHIC SCALE 8 ) a 8 16 J2 _ p-.t ✓per ✓OIO IN FEET }: 1 Inch -_ 8 ft. 1 HEREBY CERTIFY THAT THIS PLAN FULLY AND ACCURATELY DEPICTS THE LAYOUT, 1-WIT DESIGNATIONS, DIMENSIONS AND APPROAZHATE .4RI:AS OF THF. UNITS AS- BUILT LATE t . YANKEE SURVEY CONSULTANTS UNIT 11 40 tNOUS'TRY ROAD P 0. BOX 265 MARSTONS MILLS, MASS. 02648 TE'L 428 - 0055 FAX 4�0- 5553 5 4 036 LM j B UILDING ".B '; UNIT 3 .ECOND FLOOR pr-.- NIT 3 '�G0�T/BEDROOM J3.3' I EDGE OF ll1FT STAIM LOCUS MAP "GRA Y'S BEACH CONDO MUMS " RLOOR PLAN LOCATED AT 11154 CENTER STREET YA RMO UTH, MA. PREPARED FOR.- RALPH CROSSEN FEBRUARY 20, 2006 GRAPHIC SCALE g n a g Ib 32 ( IN FEET ) 1 inch = 8 ft. I HEREBY CERTIFY `!'HAT THIS PLAN = Qsss~pY�N f * YANKED' SURREY CONSULTANTS FULLY AND ACCURATELY DEPICTS 00" P UNIT 1, 40 INDUSTRY ROAD THE LA 3 O UT, UNIT DESIGNATIONS', 9�7 59 - y „ P. 0 BOX 265 DIMENSIONS AND APPROXIMATE AREAS % "�"_,- 11 Ii1ARSTONS MILLS MASS. 02648 OF THE UNITS AS—RUILT ► �A�. ;, F Ei�� TEL.- 428--0056 1:4.Y 1.20-5553 DATF. 54 036 LAII 21113 Pg 245 #38903 RUIE,DING "C '; UNIT 4 FIRST FLOOR WIN. LI VINGROOM BA TX w UNIT 4 IM (EN 4 GRAPHIC: SCALE 8 4 8 IF ( IN FEET ) 1 inch --- 8 f t. I HEREBY CL'RTIFY 77IA7' THIS PLAN FUl.1. }' AND ACC URA TEL Y DEPICTS' TIIF LA } OUT. UNIT DFSIGNA TIONS, DIMENSIONS AND APPROXIMA TE AREAS OF THE UNITS AS -BUILT ~- DATF. LOCUS MAP "GRA)""S BEACH CONDOMINIUMS" .FLOOR PLAN LOCATED AT 11154 CENTER STREET YARMO UTH, MA, PREPARED FOR- RALPH C,ROSS`E'N FEBRUAR3" 00, 0006 32 a���1N 0f J1•ScR SiEPHEN q DOYLE #3- 59 s 0 gip__. 1 rr • YANKEE SURVEY CONSULTANTS UNIT .1, 40 INDUSTRY ROAD P- 0. BOA" 4 65 MARSTONS MILLS. MASS 0?648 TEL , 428-00,55 FAX 420-5553 BARNSTABLE REGISTRY OF DEEDS 54036 L41 B.k 20612 Po307 090476 12--28-2005 a 03 = 32c� QUITCLAIM DEED I, DANIEL M. CREEDON, III, TRUSTEE OF GRAYS BEACH REALTY TRUST with an address of 450 South Street, Hyannis, Barnstable County, Massachusetts, 02601 u/d/t dated August 9, 2004 and recorded in Book 19740, Page 349, inconsideration of Five Hundred and Fifteen Thousand Dollars ($515,000.00) paid grant to RALPH CROSSEN AND MARY CROSSEN, Husband and Wife as Tenants by the Entirety of 18 Woodridge Road, Sandwich, MA with quitclaim covenants The land with the buildings thereon, situated in Yarmouth (Port), Barnstable County, Massachusetts, described as follows: �L Meaning and intending to convey LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on plan of land entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. and Lydia II. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Q Engineers, South Yarmouth, Mass, which said plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page 151. 7� The above -described property is conveyed subject to and has the benefit of all rights, restrictions, reservations, easements, encumbrances, appurtenances, and rights of way of record, insofar as the same are still in force and applicable. For my title see deed recorded in the Barnstable Registry of Deeds in Book 19741, Page 1, 1, the undersigned, being one of the incumbent Trustees of Grays Beach Realty Trust, under declaration of trust dated August 9, 2004 and recorded with the Barnstable County Registry of Deeds in Book 19740, Page 349 do hereby certify, under the pains and penalties of perjury, the t l following: 1) 1 am one of the incumbent Trustees of said Trust; 2) said Trust has not been terminated, amended or revoked and remains in full force and effect as originally executed and recorded as described above; 3) I, as Trustee of said Trust, have been authorized and directed by all of the beneficiaries of said Trust: (a) to sell the aboQcscribed property for the sum of $515,000,00 (b) to execute the within deed and any other agreements, instruments or documents as I deem necessary in order to effectuate said transaction; and 4) no beneficiary of this Trust is a minor, a corporation selling all or substantially all of its Massachusetts assets, or a personal representative of an estate subject to estate tax liens, or is now deceased or under any legal disability, MASSACHUSE TTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY (IF DEEDS Dates 12-28-2005 0 03132pe Ct142 1669 Docbs 90476 Return to: Feet t1+761.30 Consl 6515►000.00 BARNSTABLE COUNTY EXCISE TAX Ralph Crossen BARNSTABLE COUNTY REGISTRY OF DEEDS 18 Woodridge Road Date: 12-26-2005 0 03:32pn E. Sandwich, MA 02537 Ctlts 1669 Doc:= 90476 Fee: $1Y174.20 Cons' $515400.00 Bk 20612 Pg 308 #90476 Executed as a sealed instrument this a f day of 2005. bANIEL M. CREEDON, III, TRUSTEE OF GRAYS BEACH REALTY TRUST THE COMMONWEALTH OF MASSACHUSETTS On this _ day of December, 2005, before me, the undersigned notary public, personally appeared Daniel M. Creedon, III, Trustee as aforesaid, personally known tome to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily. � 3 gn P g 1; Sn Y-�l'1151 its stated purpose. tit si �8gy��J� rfj%7'1 Danielle Suzanne Iadonisi, otary Public My comm. exp.: March 2' 2012 t r>> O CONN..',� Oanietie Suzanne Iadonisi NoTCommonwealth Of Massachusetts My Commission Expires March 2.2012 BARNSTABLE REGISTRY OF DEEDS Bk 19741 P91 04-20--2005 a QUITCLAIM DEED I, SEAN E. CREEDON of 5912 Canning Street, Oakland, CA 94609 In consideration of less than One Hundred Dollars ($100.00) paid 025768 ❑;3 -- 08P grant to SEAN E. CREEDON AND DANIEL M. CREEDON, III, TRUSTEES OF GRAYS BEACH REALTY TRUST with an address of 450 South Street, Hyannis, Barnstable County, Massachusetts, 02601 u/d/t dated August 9, 2004 and recorded herewith with quitclaim covenants The land with the buildings thereon, situated in Yarmouth (Port), Barnstable County, �. Massachusetts, described as follows; Meaning and intending to convey LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on plan of land entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass, which said plan is duly recorded with the Barnstable County Registry of Deeds in Plan Book 156, Page 151. ts The above -described property is conveyed subject to and has the benefit of all rights, restrictions, reservations, easements, encumbrances, appurtenances, and rights of way of record, insofar as the same are still in force and applicable. } For my title see deed recorded in the Barnstable Registry of Deeds in Book 18511, Page 134. Return to: Dan Crecdon 450 South Street Hyannis, MA 02601 0Y Bk 19741 Pg 2 #25768 Executed as a scaled instrument this % day of Sf, 2004 Sean E. Creedon THE COMMONWEALTH OF MASSACHUSETTS On this day of August, 2004, before me, the undersigned notary public, personally appeared Sean E. Creedon, proved to me through satisfactory evidence of identification, which was CA driver's license, 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 J&tice Marie Sac NOTARY PUBLIC Wcatmn stone"Feb. 11,2Qi, BARNSTABLE REGISTRY OF DEEDS Bk 18511 Po134 4-32213 04-28-2404 a 11=49u QUITCLAIM DEED 1, CATHY S. KLIM, of P.O. Box 62, Cummaquid, Massachusetts 02637. for consideration paid in the amount of Four Hundred and Twenty- five Thousand and 00/100 ($425,000.00) Dollars, grant to SEAN E. CREEDON, Individually, of 5912 Canning Street, Oakland,California, q4( og with QUITCLAIM COVENANTS, the land together with any buildings thereon, situated in Yarmouth (Port), Barnstable County, Massachusetts, described as follows: Meaning and intending to convey LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on plan of land entitled "Subdivision of Plan of Land in Yarmouth, Mass. for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass., which said plan is duly recorded at the Barnstable County Registry of Deeds in Plan Book 156, Page 151. The above described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, takings, appurtenances, reservations and restrictions of record, insofar as the same are in force and applicable. Locus: 154 Center Street, Yarmouthport, Massachusetts. For my title see deed from William W. duMont, Jr. to me, dated 6/12/02 and recorded with the Barnstable County Registry of Deeds in Book 15266, Page 287. MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Dates 04-28-2004 8 11:49an Ct1G: 1155 Doc:: 32213 Fees 41P453.50 Cons: 5425000.00 BARNSTABLE COUNTY EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS Date: 04-28-2004 2 11,49u Ct13: 1155 Duct: 32213 Fee: $969.00 Cons: $4257000.00 5 Bk 18511 Pg 135 #32213 WITNESS my hand and seal this .07 day of Lia�r� , 2004. Ceti1 �flz({� Cathy S. Klifn COMMONWEALTH OF MASSACHUSETTS Barnstable, ss.2004 Then personally appeared the above named Cathy S. Klim, and acknowledged the foregoing instrument to be her free act and deed, before me, N' tary Public: James R. Wilson My commission expires: 2/23/07 ,LAMES R. W LSON Notary Commortweatth of f Massmass 3thWeb My Commission Dcllres 10� f ©bniary 23, 2007 BARNSTABLE REGISTRY OF DEEDS Bk 15266 Po287 052808 06-14-2002 a 03 L 50P QUITCLAIM DEED 1, WILLIAM W. dulI+IONT, JR., of 154 Center Street, Yarmouthport, Massachusetts, for consideration paid and in full consideration of $368,000.00, grant to: CATHY S. KLIM, of P.O. Box 62, Cummaquid, Massachusetts 02637 with quitclaim covenants ... the land, together with any buildings thereon, situated YARMOUTH (Port), Barnstable County, Massachusetts, bounded and described as follows: NORTHERLY by land now or formerly of Clifton W. Ellis for a distance of one hundred fifty- three and 21/100 (153.21) feet, as shown on hereinafter mentioned plan; EASTERLY by Lot 6, a distance of one hundred thirty-five and 32/ 100 (135.32) feet, as shown on said plan; SOUTHERLY by Lot 2, a distance of one hundred twenty-two and 83/ 100 (122.03) feet, as shown on said plan; and WESTERLY by Center Street, a distance of one hundred fifty-six and 16/ 100 (156.16) feet, as shown on said plan. Meaning and intending to convey LOT RMBER 1 containing 19,950 square feet of Iand, more or less, as shown on plan of land entitled "Subdivision of Plan of Land in Yarmouth, Mass. for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass., which said plan is duly recorded at the Barnstable County Registry of Deeds in Plan Book 156, Page 151. The above described premises are conveyed subject to and with the benefit of all rights, rights of way, easements, takings, appurtenances, reservations and restrictions of record, insofar as the same are in force and applicable. Locus: 184 Center Street, Yarmauthport, Mammehusetts For my title, see deed from William W. duMont, Jr., et al to me, dated 12/ 13/87 and recorded with the Barnstable County Registry of Deeds in Book 5565, Page 98. WITNESS my hand and seal this /a day of , 2002. �1 William W. du Mont, Jr. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. - 1LAA,-c IZ , 2002 Then personally appeared the above named WLlliam W. duMont, Jr., and acknowledged the foregoing instrument to be his free act and deed, before me, or Notary Public - l %kas A. p'. o. • ...i - my commission expires. ►��t a . . 2— Bk 15266 Ps288 452808 1 g, � a S P-------------C------- BRRN5TA9LE OUNT REG o 01Ea6 `1 R£GISTR r, ABL.E COUNTY E TAX --------------------- 06/14/02 3:59Pi1 01 QDM #076 DATE 06.14.'02 FRI ME tim-56 CASH t1258-56 TAX $839.04 TOTAL 1839.04 CHECK $039.04 CLERK 1 N0.030652 TIME 15:43 1111 BARNSTABLE REGISTRY OF DEEDS BooK5565P'G: M 09831 William W. duMont, Jr., of 65 Cranberry Lane, Barnstable (Centerville) Barnstable County, MA and Mary Lou duMont, of 12 Strawberry Lane, Yarmouth (Yarmouthport), Barnstable County, MA, husband and wife, as tenants by the entirety, od5c (�xppt��gq�lliitfc�cyc as part of a property settlement grant to William W. duMont, Jr., of 65 Cranberry Lane, Barnstable (Centerville) Barnstable County, MA got with qudrlatm ruprnants the land in Yarmouth, Barnstable County, Massachusetts, together with the buildings thereon, bounded and described as follows: NORTHERLY by land now or formerly of Clifton W. Ellis for a distance of one hundred fifty-three and 21/100 (153.21) feet as shown on hereinafter mentioned plan of land] EASTERLY by Lot 6 a distance of one hundred thirty-five and 32/100 (135.32) feet as shown on said plan] SOUTHERLY by Lot 2 a distance of one hundred twenty-two and 83/100 (122.83) feet as shown on said plan; WESTERLY by Center Street a distance of one hundred fifty- six and 16/100 (156.16) feet as shown on said plan. Meaning and intending to convey LOT NUMBER l containing 19,950 square feet of land, more or lose, as shown on plan of land entitled, "Sub- division Plan of Land in Yarmouth, MaBe., for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass., which plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 156, Page 151. Being the same premises conveyed to us by deed of Grace T. Ellis dates August 28, 1963 and recorded in Barnstable County Registry of Deeds in Book 1216, Page 83. Said lot is conveyed subject to a mortgage to On Cape Lithographers, which mortgage the grantee assumes and agrees to pay and to ho d Mary Lou duMont harmless thereon. Said mortggagqe has a pprincipa bal- ance of One Hundred Thirty Thousand and 00/100 ($130,000.00) dollars. For grantors' title, ace deed recorded at said ReyisLry in Book 4246, Page 141. Executed as a seated instrument this na5%s'-�6r. 099 13th �t �Dt4>110t1 txJE it�l O� 6f�Ili� t� Barnstable xe. February 12 , 1987 Then perroonallyappcnredthe above named William W. duMont, Jr. CHRl.S'7' 'end istkno+s1ed0ddbc foregoBig uietrumout to be his free act and deed, . agfore mr, Nd 'v Public — �E9N1Pxt(�l�c ex My commission expires IChIALOAy Barnstable, so. COMMONWEALTH OF MASSACHUSETTS February, 19 Then personally appeared the ab ZMary L u duMont and acknowledged the foregoing instrum r fr act an Before me, otary Ic My commission expiresr IllRlfL M. VJWTE. N6tuy Public YyOont WOM EXPI. M May 4 19W FEB 1967 7 Bm4248 rtu 141 86Aa/ACMaa:rra GUrrC AIM Da[D *MORT FORM (1MD1v IDYA1) 501 We, J. D. Lane and Elizabeth L. lane, husband and wife, 44347 Of 72 Mount Vernon Street, Braintree, Norfolk i'ottnty, Miiychusets kaim xamor W, for comidersdw paid, and in full consideration of Ninety One Thousand ($91,000.00) Do LLa ra SQ graabto William W. DuMont/and Mary Lou DuMont, husband and wife as tenants by thLP entirety Of 154 Center Street, Yarmouthport, Massachusetts with quWalm raurnall2n the land in Yarmouth, Barnstable County, Massachusetts, together with the buildings thereon, bounded and described as follows: D)mripdw and uxumbrmcre, if say] NORTHERLY by land now or formerly of Clifton W. Ellis for a distance of one hundred fifty-three and 21/100 (153.21) feet nalshown on hereinafter mentioned plan of land; EASTERLY by Lot 6 a distance of one hundred thirty-five and 32/100 (135.32) feet as shown on said plan; SOUTHERLY by Lot 2 a distance of one hundred twenty -taro and 83/100 (122.83) feat as shown on said plan; WESCERLY by Center Street a distance of one hundred fifty-six and 16/100 (156.16) feet as shown on said plan. Meaning and intending to convey WT NUMBER 1 containing 19,950 square feet of land, more or lees, as shown on a plan of land entitled "Subdivision Plan of Lend in Yarmouth, Mass., for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer 6 Co., Inc., Engineers, South Yarmouth, Mass., which plan is duly recorded with Barnstable County Registry of Deeds, in Plan Book 156 Page 151. Being the same premises conveyed to us by deed of Grace T. Ellis dated August 28, 1963 and recorded in Barnstable Registry of Deeds in Book 1216,Page 83. lJ �� \1\� 10ld1tJA/ .....9.1a. hands and seals this.............? day of e ..JVP.ArN(9.*t'.e.'.:..... , 19...04. ........................................................... '. "' .......................................................................... y. i L �. ............. 411e gammm maLV4 of Ataar4 ram 34nrJr. ss. jprplc�vm� y 9 84 Then persorully appeared the above named J. D. Lane and Elizabeth L. Lane and aticrlowledged the foregoing instrument to be their�� free act and d/e�ed, befo a me Mtltuy Pubic •. my commission eaplrra H" 3 19 P% (Olodividua] -- joiat Tetada — Teamb in Caamae. ) CHAr'M lai WC. 6 AS AMENDED BY O AP'M 497 OF 1%9 Bw" dad pramted for record stall contain or have indorsed upon it the fuU amR retidtnot and port ofn addmn of the yansae end ■ redtd of the a mu t d do full wesld cam rhnmf to dotlant rx the at ut of the other mnotdelisadadderaden dwdoe, if n for�mowtary win. Tha fall aorafdecation mall moan the total prim for the without dedoctlm for wy Uars er rimmed the Smatee or rearinina thereon. AU sucb enciorsemrad end shall be temaled as put of d1a deed. 141ure to tampty VGA this wetlon shall not affect the validity d any dopi No > 0 of deeds dtall wxpt a doed fat noordly calm ft is in cac*ianm with the requ. a of dam mcdoa. 'REC5UI sEP 14 84 _r,`(;RAM T.-ELI.IS , of Brookline, Norfolk County, Massachusetts, being unmarried, for consideration paid, grant to J. D. LANE and ELIZABETH L. LANE, husband and wife, as tenants by the entirety, both of Quincy, Norfolk County, Massachusetts, with • uuEirlatw raurnants the land il, Yarmouth, Barnstable County, Massachusetts, together with (De Ptim wd ffjU.Ixa a ww) the buildings thereon, bounded and described as follows: NORTHERLY by land now or formerly of Clifton W. Ellis for a distance of one hundred fifty-three and 21/100 (153.21) feet as shown on hereinafter mentioned plan of land; EASTERLY by Lot 6 a distance of one hundred thirty-five and 32/100 (135.32) feet as shown on said pLan; SOUTHERLY by Lot 2 a distance of one hundred twenty-two and 83/100 (122.83) feet as shown on said plan; WESTERLY by Center Street a distance of one hundred fifty- six and 16/100 (156.16) feet as shown on said plan. Meaning and intending to convey IOT NUMBER L containing 19,950 square feet of land, more or less, as s owTi non a plan of land entitled ''Subdivision Plan of Land in Yarmouth, Mass., for Irving C. and Lydia H. Ellis" dated May, 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass., which plan is duly recorded with Barnstable County Registry of Deeds, in Plan Book 156 Page 151. Being the same premises conveyed to me by Irving C. Ellis et ux by deed dated June 10, 1960 duly recorded with Barnstable County Registry of Deeds in Book 1080, page 147. IIM.Y�LII WI UeCW.iJNt aEC 1'11.1�1/I a1/CU MI ♦1 �IIY �, fit`.-_::_.� PI _ l _ �,..� � �,w� •; �� .� ,� r i i ssoc�cxt�caiic><igl�ubc ��'�n��mcM,+brrrst�t ry>'k Mttnrrta my" ...hand and seal this.....of ... "411ia.&X7............. 19..6.3 »..................... »-.... '.✓1., .....�. r...""'""'...... °.» 13$r Olutntnnnutrati$ A imannarllumm, o/JRnl1 r,q 19 L E. S& Aelnlx r .9 P, 19 63 Then personally appeared the above named Grace T. Ellis and ackntowledgod the foregoing instrument to be her // free act and deed, before me ' !f/ ... / 111_.1C�[.<.�� .............................. tra., �i«'y r.lxor�ec < 3n • T eanlK—1cwr>�' ,✓ O'tWEALTI! OF M 'Aif!(SETTmS Mr iuiaa mpirn 1 196 q -�rai�, ! EDS SG ~ 5m 6) e, u— joint Tenntts—Tenant, in Common Tr>zants by ttx Envrety.) 1216 83 1216 8a Barnstable, ss., Received September 9, 1963, and is recorded. We, J, D. I.ANE and ELIZABETH Lt,LANE, husband _and_.wite tenant-0 by t.ha.. „nti-3'p�t.y. both of. Qqno,_Y, �lox�.o.�.k..QRSllixy......-._..... ... MassachusettsA.... ......... .. .. .... .. bdn aiarkA for oomideration paid, grant to BASS RIVER SAVINGS BANK, a banking carporatloa duly established under the laws of the Commonwealth of Massachusetts, having its prin- cipal place of busmen in that part of the Town, of Yarmouth known as South Yarmouth, Barn- stable County, Massachusetts .. . . ........ with MORTCACE COVENANTS, to secure the payment of , ............ ._._...... ._._.................... ._._.._._... Eighty-eight f1und>;ed .and QO/I.QQ.ths .($8.8QQ._00.)---------------Dolan payable... ........ ........._._.. __.._.._....._..._............ ......................... 1.,..........._. as provided in our..., note of even data, signed by us .. ............ ..... ... ..__ l the laid in Ygmquth, $errbtable C.qunty, Mgagecbuaettq., ..t98eth�r ti with the buildings thereon, bounded and described as follows. o NORTHERLY by land now or formerly of Clifton W. Ellis for a distance of one hundred fifty-three and 21/100 (153.21) feet as shown on hereinafter mentioned plan of land; EASTERLY by Lot 6 a distance of one hundred thirty-five and 32/100 (135.32) feet as shown on said plan; SOUTHERLY by Lot 2 a distance of one hundred twenty-two and 83/100 (122.83) feet as shown on said plan; WESTERLY by Center Street a distance of one hundred fifty- six and 16/100 (156.16) feet as shown on said plan. Meaning and intending to convey LOT NUMBER 1 containing 19,950 square feet of land, more or less, as shown on a plan of land entitled "Subdivision Plan of Land in Yarmouth, Mass. for Irving C. and Lydia H. Ellis" dated May 1960, made by Gerald A. Mercer & Co., Inc., Engineers, South Yarmouth, Mass., which plan is duly recorded with Barnstable County Registry of Deeds in Plan Book 156 Page 151. Being the same premises conveyed to us by Grace T. Ellis by deed to be recorded herewith.