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HomeMy WebLinkAbout0040 BLUFF POINT DRIVE �� �� / f �' 4�%� .. ...� ......, .. .. ,fir .... .� .. fP.��1{.��la. �...�.... �... - ... i /o /.if-tAjoc�pc 070 i it DECLARATION OF gp=p8757-0307 93-09-01 8958 9SI861 -'1'R�IST ESTABLISHING BLUFF POINT REALTY NOMINEE TRUST Anthony A. Franchi of Weston, Massachusetts and Constance Franchi of Weston, Massachusetts (the "Trustees") , hereby declare that Ten (10) Dollars is held in trust hereunder and any and all additional property and interest in property, real and personal, that may be acquired hereunder (the "Trust Estate") shall be held in trust, for the sole benefit of the individuals or entities listed in the Schedule of Beneficiaries in the proportions stated in said Schedule, which Schedule has this day been executed by the Beneficiaries and filed with the Trustees with receipt acknowledged by at least one Trustee (hereafter, as it may be amended, "Schedule of Beneficiaries") . SECTION ONE Name and Purpose ••1.1 This Trust shall be known as the Bluff Point Realty Nominbe Trust and is intended to be a nominee trust, so-called, for :ederal and state income tax purposes and to hold the record legal title to the Trust Estate and such functions as are neces- sarily incidental thereto. SECTION TWO Trustees 2.1 In the event there are two Trustees, ANY ONE TRUSTEE may execute any and all instruments and certificates necessary to carry out the provisions of the Trust. In the event there are more than two Trustees, ANY TWO TRUSTEES, except as otherwise provided in Paragraph 7.2, may execute such instruments and certificates necessary to carry out the provisions of the Trust. 2.2 No Trustee shall be required to furnish bond. No Trustee hereunder shall be liable for any action taken at the direction of the Beneficiaries, nor any error of judgment nor for any loss arising out of any act or omission in the execution of the Trust so long as acting in good faith, but shall be respon- sible only for his or her own willful breach of trust. No license of court shall be requisite to the validity of any transaction entered into by the Trustees. No purchaser, trans- feree, pledgee, mortgagee or other lender shall be under any liability to see to the application of .the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of this Trust have been com- plied with. Every agreement, lease, deed, mortgage, note or other instrument or. document executed or action taken by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or of the taking of such action this Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed by the Benefi- ciaries, and that such instrument or document or action is valid, binding, effective and legally enforceable. 2.3 Any person dealing with the Trust Estate or the Trus- tees may always rely without further inquiry on a certificate 1 S BM8757-0308 93-09-01 8:58 951861 signed by the person or persons appearing from the records of the Registry of Deeds to be Trustees, as required by Paragraph 2.1, as to who are the Trustees or the Beneficiaries hereunder or as to the authority of' the Trustees to act or as to the existence or nonexistence of any fact or facts which constitute conditions precedent to action by the Trustees or which are in any other manner germane to the affairs of the Trust. Execution, delivery or recording of such certificate shall not be a condition prece- dent to the validity of any transaction of the Trust. SECTION THREE Beneficiaries 3.1 The term "Beneficiaries" shall mean the persons and entities listed as Beneficiaries in the Schedule of Beneficiaries and in such revised Schedules of Beneficiaries, from time to time hereafter executed and delivered as provided above and the respective interests of the Beneficiaries shall be as therein stated. 3.2 Decisions made and actions taken hereunder (including without limitation, amendment and termination of this Trust; appointment and removal of Trustees; directions and notices to Trustees; and execution of documents) shall be made or taken, as the case may be, by all of the Beneficiaries. 3.3 Any Trustee may without impropriety become a Benefi- ciary hereunder and exercise all rights of a Beneficiary with the same effect as though he or she or it were not a Trustee. The parties hereunder recognize that if a sole Trustee and a sole Beneficiary are one and the same person, legal and equitable title hereunder shall merge as a matter of law. SECTION FOUR Powers of Trustees 4.1 The Trustees shall hold the principal of this Trust and receive the income therefrom for the benefit of the Benefi- ciaries, and shall pay over the principal and income pursuant to the direction of all of the Beneficiaries and without such direction shall pay the income to the Beneficiaries in proportion to their respective interests. 4.2 Except as hereinafter provided in case of the termina- tion of this Trust, the Trustees shall have no power to deal in or with the Trust Estate except as directed by the all of the Beneficiaries. When, as, if and to the extent specifically directed by all of the Beneficiaries, the Trustees shall have the following powers: 4.2.1 to buy, sell, convey, assign, mortgage or other- wise dispose of all or any part of the Trust Estate and as landlord or tenant execute and deliver leases and subleases; 4.2.2 to execute and deliver notes for borrowing for the Beneficiaries; 4.2.3 to grant easements or acquire rights or easements and enter into agreements and arrangements with respect to the Trust Estate; 4.2.4 to endorse and deposit checks in an account for the benefit of the Beneficiaries; 2 BP:08757-0309 93-09-01 .. 8:58 61861 4.2.5 but the Trustees shall have NO AUTHORITY TO MAINTAIN BANK ACCOUNTS IN THE NAME OF THE TRUST OR TRUSTEES but the Beneficiaries may maintain bank accounts in the name of the Beneficiaries. In the event of a violation of this subparagraph, the Trustees shall indemnify and save harmless the Beneficiaries from any liability resulting there- from, including taxes and accounting expenses. Any and all instruments executed pursuant to such direction may create obligations extending over any periods of time, including periods extending beyond the date of any possible termination of the Trust. A direction to the Trustees by the Beneficiaries may be by a Durable Power of Attorney. 4.3 Notwithstanding any provisions contained herein, no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve the Trustee in any personal liability unless first satisfactorily indemnified. 4.4 All persons extending credit to, contracting with or having any claim against the Trustees shall look only to the funds and property of this'Trust for payment of any contract, or claim, or for the payment of any debt, damage, judgment, or decree, or for any money that may otherwise become due or payable to them from the Trustees, so that neither the Trustees nor the Beneficiaries shall be personally liable therefor. If any Trustee shall at any time for any reason (other than for wilful breach of trust) be held to be under any personal liability as such Trustee, then such Trustee shall be held harmless and indemnified by the Beneficiaries, jointly and severally, against all loss, costs, damage, or expense by reason of such liability. SECTION FIVE Termination .5.1 This Trust may be terminated at any time by notice in. writing from all of the Beneficiaries, provided that such ter- mination shall be effective only when a certificate thereof signed by the Trustees, shall be recorded with the Registry of Deeds. Notwithstanding any other provision of this Declaration of Trust, and consistent with the intention of the undersigned that this Trust not violate the Rule Against Perpetuities, this Trust shall terminate in any event TWENTY (20) years from the date of the death of the last surviving Trustee of the original Trustees named in this instrument. 5.2 In the case of any termination of the Trust, the Trustees shall transfer and convey the specific assets constitut- ing the Trust Estate, subject to any leases, mortgages, contracts or other encumbrances on the Trust Estate, to the Beneficiaries as tenants in common in proportion to their respective interests hereunder, or as otherwise directed by all of the Beneficiaries, provided, however, the Trustees may retain such portion thereof as in their opinion necessary to discharge any expense or liabil- ity, determined or contingent, of the Trust. SECTION SIX Amendments 6.1 This Declaration of Trust may be amended from time to time by an instrument in writing signed by all of the Benefi- ciaries and delivered to the Trustees, provided in each case that the amendment shall not become effective until the instrument or amendment or a certificate setting forth the terms of such 3 BN O8757-0310 93-09-01 8158 N51861 amendment, signed by the Trustees, is recorded with the Registry of Deeds. SECTION SEVEN Resignation and Successor Trustee 7.1 Any Trustee hereunder may resign at any time by an instrument in writing signed and acknowledged by such Trustee and delivered to all remaining Trustees and to each Beneficiary. Such resignation shall take effect on the later of the date specified therein or upon the date of the recording of such instrument with the Registry of Deeds. 7.2 If Anthony A. Franchi and Constance Franchi no longer are Trustees of the trust, then the following four individuals shall serve as Trustees: Anthony A. Franchi, Jr. , Cynthia J. Kett, Danielle A. Franchi, and Sandra M. Franchi. Succeeding or additional Trustees may be appointed or any Trustee may be removed by an instrument or instruments in writing signed by all of the Beneficiaries, provided in each case that a certificate signed by ANY TRUSTEE naming the Trustee or Trustees appointed or removed and, in the case of an appointment, the acceptance in writing by the Trustee or Trustees appointed, shall be recorded in the Registry of Deeds. Upon the recording of such instrument, the legal title to the Trust Estate shall, without the necessity of any conveyance, be vested in said succeeding or additional Trustee or Trustees, with all the rights, powers, authority and privileges as if named as an original Trustee hereunder. 7.3 In the event that there is no Trustee, either through the death or resignation of a sole Trustee without prior appoint- ment of a successor Trustee or for any other cause, a person purporting to be a successor Trustee hereunder may record in the Registry of Deeds an affidavit, under pains and penalties of perjury, stating he or she has been appointed by all of the Beneficiaries a successor Trustee. Such affidavit when recorded together with an attorney's certificate under M.G.L: c. 183 Section 5B, stating that such attorney has knowledge of the affairs of the Trust and that the person signing the affidavit has been appointed a Trustee by all of the Beneficiaries, shall have the same force and effect as if the. certificate of a Trustee. or Trustees required or permitted hereunder had been recorded and persons dealing with the Trust or Trust Estate may always rely without further inquiry upon such an affidavit as so executed and recorded as to the matters stated herein. SECTION EIGHT Governing La 8.1 This Declaration of Trust shall be construed in accor- dance with the laws of the Commonwealth of Massachusetts. SECTION NINE Registry of Deeds 9.1 The term "Registry of Deeds" shall mean the Registry of Deeds or Registry District of the Land Court for the district in the Commonwealth of Massachusetts in which any real estate included in the Trust Estate is located. 4 BPt08757-0311 93-09-01 8:58 C51861 Executed as a sealed instrument this day of 4&w, y L, 1993. Antholiy A. Fradehi, Trustee Constance Franchi, Trustee COMMONWEALTH OF MASSACHUSETTS / S ' as. �5✓lfi d G , 1993 Then personally appeared the above-named✓Anthony A. Franchi and acknowledged the foregoing instrum o be is free_act n deed, �/ before m otary Public My Commission Expires: //13/fr COMMONWEALTH OF MASSACHUSETTS fas. 7� 1993 Then personally appeared the above-named Constance Fra ch""" and acknowledged the foregoing instrume be s free 1� deed, .�'�`b . •i' ;. �, •''°fir<.%btiv��`•.\ before m •Notary Public My. Commission E5 1XJ \eff\docs.93\6LUFFP01.trs 5 , BARNSTABLE REGISTRY OF DEEDS' bm..2656 nu 001. 02541 THIS DECLARATION OF TRUST made and entere into this 7G , day of S ayO Dom+ o 3;�• by ICA)a G (George C. Day, Alan L. Kovacs and Peter B. McGlynn) (hereinafter called the "Trustees", Which term and any pronoun referring thereto shall deemed to include their successors in trust hereunder and to mean the Trustee or the Trustees for the time being hereunder, wherever the context so permits). The said Trustees declare as follows: I ARTICLE I Name of Trust The trust hereby created shall be known as BLUFF POINT ASSOCIATION TRUST and under that name, so far as legal, con- venient and practicable, shall all.business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust and Its Purposes Section 1. This Trust, being the association referred to in Part D of the DECLARATION OF RESTRICTIONS OF BLUFF POINT IN COTUIT, recorded in the Barnstable County Registry of Deeds in Book 2040 at page 184, all rights and powers granted or assigned to, or reserved for, said associaticn.by this Declaration of Trust or by the Declaration of Restrictions, and all property, real and personal, tangible and intangible, now or heretofore owned by or conveyed to the Trustees (hereinafter called the "trust property"), shall be held by them, in trust, to exercise, manage, administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of the property subject to said Declaration of Restrictions (hereinafter called the Lot Owners), in proportion to their respective beneficial interests in such property as set forth in Article VIII. This trust is formed for the purposes of main- tenance, preservation and architectural control of the residence i •.Y.. - ,I.Re PAGE_,__,_,. i ev2656 rAm 002 -2- lots and other property subject to said Declaration of Restrictions and for the purpose of promoting the health, safety and welfare I of the Lot Owners. iSection 2. It is hereby expressly declared that a trust I and not a partnership has been created and that the Lot owners i are cestius clue trustent, and not partners or associates nor in any other relation whatever between themselves with respect to ' the trust property, and hold no relation to the Trustees other than of cestius que trustent, with only such rights as are con- ferred upon them as such cestius cue trustent hereunder. ARTICLE III Powers of the Trustees ` The Trustees shall have the absolute control of, and may manage and dispose of the trust property as if they were the F absolute owners thereof, free from the control of the Lot owners, and, without by the following enumertion limiting the generality of the foregoing or of any item in the enumeration, with full power and uncontrolled discretion, subject only to the limitations and conditions hereof, at any time and from time to time and without the necessity of applying to any court or to the Lot owners hereunder for leave to do so, shall have the following powers: ! (a) To retain the trust property, or any part or parts thereof, in the same form or forms'of investment in which re- ceived or acquired by them so far and so long as they shall think fit, without liability for any loss resulting therefrom. i (b) To sell, assign, convey, transfer, exchange, and other- wise deal with or dispose of the trust property, or any part or parts thereof, at public or private sale, to any person or I persons for cash or on credit, and in such manner, on such terms and for such considerations and subject to such re- strictions, stipulations, agreements and reservations as they shall deem proper, including the power to take back mortgages, to secure the whole or any part of the purchase price of any of the trust property sold or transferred by them, and to j execute, acknowledge and deliver any deed or other instrument in f, i f eocY2656 rw 003 -3- connection with the foregoing. (c) To purchase or otherwise acquire title to, and to rent, lease or hire from others for terms which may extend beyond termination of this trust any property or rights to property, real or personal, and to own, manag9r, use and hold such property and such rights. j (d) To borrow or in any other manner raise such sum or sums of money or other property as they shall deem advisable in any manner and on any terms, and to evidence the same by notes, } bonds, securities or other evidences of indebtedness, which may mature at a time or times, even beyond the possible duration of this trust, and to execute and deliver any mortgage, pledge, or other instrument to secure any such borrowing. (e) To enter into any arrangement for the use or occupation of the trust property, or any part or parts thereof, including, ' without limiting the generality of the foregoing, leases, sub- leases, easements, licenses or concessions; upon such terms and conditions and with such stipulations and agreements as they shall deem desirable, even if the same extend beyond the possible duration of the trust. (f) To invest and reinvest the trust property, or any part or parts thereof and from time to time and as often as they shall see fit to change investments, including power to invest in all types of securities and other property, of whatsoever nature and however denominated, all to such extent as to them shall seem property, and without liability for loss, even though such pro- perty or such investments shall be of a character or in an amount not customarily considered proper for the investment of trust i d funds or which does or may not produce income. # (g) To incur such liabilities, obligations and expenses, j and to pay from the principal or the income of the trust property f in their hands all such sums as they shall deem necessary or proper j for-the furtherance of the purposes of the trust. i 1 (h) To purchase and keep in effect such insurance as they 1 shall deem appropriate, including insurance with respect to loss i 1 wx2&% vu[ 004 -4- of or damage to any of the trust property .and liability insurance. (i) To guarantee performance of the obligations of others in any cases where they shall deem that it is to the advantage of this trust that they give such guaranty. (j) To employ, appoint and remove such agents, managers, officers, board of managers, brokers, employees, servants, assis- tants and counsel (which counsel may be a firm or which one or more of the Trustees are members) as they shall deem proper, for the purchase, sale or management of the trust property, or any part or parts thereof, or for conducting the activities of the trust and to define.their respective duties and fix and pay their compensation and the Trustees shall not be answerable for the acts and defaults of any such person. The Trustees may delegate to any such agent, manager, officer, board, broker, employee, servant, assistant or counsel any or all of their powers (including discretionary powers, except that the power to join in amending, altering, adding to, terminating or changing this Declaration of Trust and the Trust hereby created shall not be delegated) all for such times and purposes as they shall deem proper. (k) To grant or withhold any approvals and make any determinations pursuant to rights granted to or reserved for such association in said Declarations of Restrictions. (1) Generally, in all matters not herein otherwise specifi- fied, to control, manage and dispose of the trust property as if the Trustees were the absolute owners thereof and to do any and all acts, including the execution of any instruments, which the Trustees in their judgment deem to be in the best interests of F; J the Lot Owners. l4 ' (m) To fix, levy, collect and enforce payment by lawful r means of all charges and assessments for which the Lot owners are liable hereunder or under the By-Laws, or as provided in said Declaration of Restrictions. (n) To distribute common profits among the Lot owners according to their beneficial interest. (o) To determine and publish rules and regulations relating i eoox2656 f16E 005 -5- to common areas or facilities for the mutual benefit of the Lot Owners, and to enforce such rules and regulations by appropriate steps in courts of law or equity. PROVIDED ALWAYS, that the Trustees shall have no power or authority, except as expressly set forth herein or in the By- Laws, to borrow money on the credit or on behalf of the Lot owners c•r any of them personally or to make any contract on behalf cf, or binding upon, the Lot Owners or any of them per- sonally or otherwise to bind the Lot Owners of any of them per- sonally.' ARTICLE IV Governing Law All provisions of this trust instrument shall be construed in accordance with the laws of the Commonwealth of Massachusetts. ARTICLE V Trustees Section 1. Election. The number of Trustees shall be such number not fewer than three nor more than seven as many be fixed by the Lot Owners and they shall be elected by the Lot Owners at each annual meeting, provided that until those rights under said Declaration of Restrictions, granted to and reserved by Thomas A. Wooters, Trustee of Cotuit Trust, declarant of said Declaration of Restrictions, and referenced in Part D thereof, be deemed to be rights reserved for and granted to said associa- tion, as indicated in Part D of said Declaration of Restrictions, the Trustees shall be three persons consisting of the original trustees or other persons so designated by the trustee of said Cotuit Trust and thereupon the terms of office of the original Trustees or such other persons so designated shall be deemed vacant, but shall not expire until such vacancies have been ; filled in the manner set forth herein. At any meeting the Lot Owners may decrease to not less than three or increase to not more than eleven the number of Trustees. A Trustee need not be a Lot f Owner. The Secretary shall prepare, acknowledge and record a certificate identifying the Trustees so elected. i eccr2656 F/cE 006 6- Section 2. Tenure. The Trustees shall hold office until their successors are chosen and qualified, and until the Secretary shall have recorded the certificate described in Section 1 above, except as otherwise provided herein. Any Trustee may resign by giving written notice of his resignation in re- cordable form to the Secretary, and the Secretary shall certify and record the same and such resignation shall become ef- fective upon such recording unless another time is specified therein. Any Trustee may at any time be removed without cause by the affirmative vote at a special meeting of the Lot owners holding a majority in interest. Section 3. In any matters relating to the administration of the trust hereunder and the exercise of the powers hereby conferred, the Trustees shall act by a majority vote. Section 4. The Trustees shall be entitled to such compere- , sation as shall be voted by the Lot owners. No Trustee shall under any circumstances or in any event be held liable or accountable out of his or her personal assets or be deprived of compensation by reason of any action taken, suffered or omitted in good faith, or be so liable or accountable for more money or property than he or she actually receives, or be so liable or accountable or deprived by reason of honest errors of judgment or mistakes of fact by law, or by reason of the existence of any personal or adverse interest, or by reason of anything except his or her own personal and wilful malfeasance and default. Section 5. No Trustee shall be disqualified by his office from contracting or dealing with the Trustees or with one or more Lot owners (whether directly or indirectly because of his interest individually or the Trustees' interest or any Lot owner's interest in any corporation, firm, trust or other organization connected with such contracting or dealing or because of any other reason), as •vendor, purchaser or other- wise, nor shall any such dealing contract or arrangement entered into in respect of this trust in which any Trustee shall be in any way interested be avoided nor shall any Trustee so dealing or contracting or being so interested be BOOK2656 FAcc 007 -7- liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relation hereby established provided the Trustee shall actin good faith and shall disclose the nature of his interest before the dealing, contract or arrangement is entered into. Section. 6. The Trustees and each of them shall be entitled to indemnity both out of the trust property and by the Lot Owners against any liability incurred by them or any of them in the ex- ecution hereof, including without limiting the generality of the foregoing, liabilities in contract and in tort and liabilities for damages, penalties and fines. Each Lot Owner shall be personally liable for all sums lawfully assessed for his share of common expenses of the Trust and for his proportionate share of any claims involving the trust property in excess thereof. Nothing in this paragraph contained shall be deemed, however, to limit in any respect the powers granted to the Trustees in this instrument. ARTICLE VI Notice to Lot Owners Every notice to a Lot Owner required under this instrument, or by the provisions of law, (except notice of a meeting required by the By-Laws), shall be deemed given when mailed, postage.pre- paid, addressed to such Lot Owner at his address as it appears on the records of the Trustees, at least seven (7) days prior to the date fixed for the happening of the matter, thing, or event, of which such notice is given. ARTICLE VII Rights and Obligations of Third Parties Dealing with the Trustees Section 1. No purchaser, mortgagee, lender or other person dealing with the Trustees, as they may then appear of record in said Registry of Deeds, shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be i Mu2656 na 008 i affected with any notice, implied or actual,• otherwise than by a certificate thereof, and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein. The receipts of the Trustees, or any one or more of them, for moneys or things paid or delivered to them or him shall be effectual •discharges therefrom to the persons paying or delivering the same and no person from whom the Trustees or any one or more of them shall receive any money, property or other credit, shall be required to see to the application thereof. No purchaser, mortgagee, lender or other person dealing with the Trustees, or with any real or personal property which then is or formerly was trust property shall be bound to ascertain or inquire as to the existence of occurrence of any event or purpose in or for which a sale, mortgage, pledge or charge is herein authorized or directed, or otherwise as to the purpose or regularity of any of the acts of the Trustees or any one or more of them purporting to be done in pursuance of any of the provisions or powers herein contained or as to the regularity of the resignation or appoint- ment of an Trustee, and an instrument of a Y Y appointment of a new Trustee or an old Trustee purporting to be executed by the Lot Owner or other person herein required to execute the same shall be conclusive evidence in favor of any such pur- chaser or other person dealing with the Trustees of the matters therein recited relating to such discharge, resignation or appointment or the occasion thereof. section 2. • No corporation, company, trust, association, body politic or other body having outstanding share, bonds or other securities, shall be effected by notice that any of its shares or bonds or other securities are subject to this trust or be bound to see to the execution hereof or to ascertain or inquire whether any transfer of any such shares, bonds, or other securities by the Trustees 'is authorized, notwithstanding such authority may be disputed by-some other person. I t t Boox2656 nu 009 -9- Section 3. Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement, whether oral or written, made, issued, or executed by the Trustees, or by any agent or employee of the Trustees, shall be deemed to have been entered into subject to the terms,. conditions, provisions and restrictions hereof, whether or not express reference shall have been made to this instrument. Section 4. This Declaration of Trust, and any amendments thereto, and any certificate herein required to be recorded and any other certificate or paper signed by said Trustees or any of them, which it may be deemed desirable to record, shall be recorded in the Barnstable .Registry of Deeds, and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof; and all persons dealing in any manner whatsoever with the Trustees, the trust property, or any Lot owner thereunder shall be held to have notice of any alteration or amendment of this Declaration of Trust, or change of Trustee or Trustees, when the same shall be recorded with said Registry of Deeds. Any certificate signed by the Secretary of the Trust or by the Trustees in office at t the time, and, if relating to real property, recorded in said Registry of Deeds, setting forth as facts any matters affecting the trust, including statements as to what action has been taken by the Lot Owners and as to the matters determining the authority of,the Trustees to do any act, shall be conclusive evidence of such alleged facts-in favor of all third persons, including the Trustees, acting in reliance thereon. Any certificate executed by any Trustee hereunder, setting forth the existence of any facts, the existence of which is necessary to authorize the S execution of any instrument, or the taking of any action by such Trustee, shall, as to all persons acting in good faith in reliance thereon, be. conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein net forth. I BwY26,56 racr 010 -10- ARTICLE VIII Beneficiaries and the Beneficial Interest in the Trust Section 1. The beneficial interest and voting rights in the Trust hereunder shall be divided among the Lot Owners on the basis of one equal share or vote for each Lot Owner, said lots being as shown in the Subdivision Plan approved by the Planning Board of the Town of Barnstable on December 10, 1973, and recorded with the Barnstable Registry of Deeds in Plan Book 280 at page 58 or as said Subdivision Plan may be thereafter amended. Section 2. The beneficial interest of each lot shall be held and exercised as a unit and shall not be divided among several owners of any such lot. To that end, whenever any of i said lots is owned of record by more than one person, the several owners of such lot shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, II execute instruments and otherwise exercise the rights•appertain- ing to such lot hereunder, and (b) notify the Trustees of such designation by a notice in writing signed by all of the record owners of such lot. Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and. from i time to time by notice as aforesaid. In the absence of any such notice of designation, the Trustees may, by majority vote, designate any one such owner for such purposes. ARTICLE IX Common Expenses The Lot Owners, each in proportion to his beneficial interest hereunder, shall be liable for common expenses and entitled to common profits of this trust. Common expenses shall include obligations for which the Lot Owners are liable as provided in said Declaration of Restrictions and expenses for the maintenance or restoration of common areas or facilities. The right of first refusal with respect to sale of lots as set forth in said Declaration of Restrictions shall be exercised by the Trustees. In the event that the Trustees shall elect to r BO 2656 PIKE Uu • -11- purchase (or lease) a lot pursuant to provisions thereof, the purchase price (or rents) and the costs thereof shall constitute common expenses and the Trustees may expend common funds therefor. Such rights shall be subject to the conditions set i forth in said Declaration of Restrictions. ARTICLE X Maintenance and Repair The Trustees shall be responsible for the maintenance, repair and replacement of the trust property, and any two Trustees, or any others who may be so designated.by the Trustees, may approve payment of vouchers for such work, and the expenses of such maintenance, repair and replacement shall be assessed to the Lot Owners as common expenses of the trust. ARTICLE XI Checks, Notes, Drafts and Other Instruments Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any two Trustees, or by any person or persons to whom such power may at any time or from time to time be delegated by not less than a majority of the Trustees. ARTICLE XII Amendments and Termination Section 1. The Trustees, with the approval by a•three- quarters majority vote of the Lot Owners at a meeting or by written consent, may at any time and from time to time amend, alter, add to or change this Declaration of Trust in any manner or to anv extent, the Trustees first, however, being duly indem- nified to their reasonable satisfaction against outstanding obligations and liabilities; provided always, however, that no j such amendment, addition or change shall alter or in any manner or to any extent whatsoever modify or affect the percentage of the beneficial interest hereunder of any Lot Owner so as to be different than the percentage of the individual interest of such Lot•Owner as provided in Article VIII, except as necessary to 111 i comport with alterations in lot boundaries. Any amendment, 1 i 1 9 ' BODK2"6 FAu 012 -12- alteration, addition or change pursuant to the foregoing provi- sions of this paragraph shall become effective upon the recording with said Registry of Deeds of an instrument of amendment, alteration or change, as the case may be, signed, sealed and acknowledged by the Trustees, setting forth in full the amendment, alteration, addition or change and reciting the consent of the Lot Owners herein required to consent thereto. Such instrument, so executed and recorded, shall be conclusive evidence of the existence of all facts and of compliance with all prerequisites to the validity of such amendment, alteration, addition or change, .whether stated in such instrument or not, I upon all questions as to title or affecting the rights of third persons and for all other purposes. The Trustees shall give notice to all Lot owners of the recording of any such instrument. Nothing in this paragraph contained shall be construed as making it obligatory upon the Trustees to amend, alter add to or change - the Declaration of Trust upon obtaining the necessary consent as . hereinbefore provided. Section 2. The trust hereby created shall terminate upon the written agreement of all the Lot owners. Section 3. Upon the termination of this trust, the Trustees may sell and convert into money the whole of the trust property or any part or parts thereof, and, after paying or retiring all known liabilities and obligations of the Trustees and providing for indemnity against any other outstanding liabilities and obligations, shall divide the proceeds thereof among, and distribute in kind, at valuations made by them which shall be conclusive, all other property then held by them in trust here- under to the Lot Owners according to their respective percentages of beneficial interest hereunder. And in making any sale under ' r. this provision the Trustees shall have the power to sell by public auction or private contract and to buy in or rescind or ' vary any contract of sale and to resell without being answerable for loss and, for said purposes, to do all things including the execution and delivery of instruments, as the Trustees in their 1 ..............__:.._._.�.. ._.�.— BM2656 FA6E 00 -13- judgement deem to be necessary or desirable in connection there- with. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership, even though all times herein fixed for distribution of trust property may have passed. ARTICLE XIII Construction and Interpretation In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include both the plural and singular, words denoting males include females and words denoting persons include individuals, firms, associations, companies (joint stock or otherwise), trusts and corporations unless a contrary intention is to be inferred from , or required by the subject matter or context. The cover, title 1 headings of-different parts hereof, the table of contents and the marginal notes, if any, are inserted only for the convenience ' of reference and are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation or effect hereof. All the trusts, powers and provisions herein contained shall take effect and be construed according to the law of the Commonwealth of Massachusetts. A I IN WITNESS I}REOF, sad 7 4O"As A•000feO's; CaleC-Dom' {� kOV0cS A N`{cf t 14p have hereunto set their names 3n , on the day and year first hereinabove set forth. C .Gtf�L• 1 DOCK2656 Fxt OA -14- COMMONWEALTH OF MASSACHUSETTS j i Then personally appeared the above-named Thomas A. Wooters and George C. Day and acknowledged the foregoing instrument to be their free act and f deed, before me January 18, 1978 date My Commission expires rs,, 9�j� 3 RECORDED JAN 301978 BK 12661 P024 1 819613 1 1 -2:..=s-- 1999 e r 1 QUITCLAIM DEED We, Julian M. Sobin and Leila F. Sobin, husband and wife, of Boston, Suffolk County, Massachusetts, for consideration paid, and in full consideration of Two Million Nine Hundred Seventy Seven Thousand One Hundred Forty Dollars ($2,977,140.00), grant to John F. Fitzgerald, Trustee of Bluff Point 1999 Trust No. 2 under Declaration of Trust dated March 16, 1999 and recorded herewith, with a mailing address c/o Carruth Management, 87 Elm > Street, Hopkington, Massachusetts 01748-9103, with QUITCLAIM COVENANTS, the land and the buildings thereon in Barnstable(Cotuit), Barnstable County, Massachusetts shown as Irl�f Lot 8 on the plan entitled "Definitive Subdivision Plan of Land of Cotuit Trust, Barnstable L (Cotuit), Mass." dated September 11, 1973 and drawn by New England Survey Services, Inc., which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 280 at Page 7 58, and containing approximately 81,500 square feet according to said plan. The premises are conveyed together with the right, in common with others entitled thereto, to use and travel upon Bluff Point Drive, as shown on said Plan, for all purposes for which ways are commonly used in the Town of Barnstable, for access to and from Ocean View Avenue, a public way. Subject to and with the benefit of the matters set forth in the document entitled "Declaration of Restrictions of Bluff Point in Cotuit", recorded with said Deeds in Book 2040 at Page 184. The premises are conveyed together with such of the beach and riparian rights as pertain to said Lot with regard to that portion of said Lot which abuts Cotuit Bay. The premises are also conveyed subject to and with benefit of all rights, easements and restrictions of record to the extent the same are now in force and applicable. M HODM A.Active;8125899;1 /� gcu 1914 Pai 144 253.79 Boston Safe Deposit and Trust Company, a Massachusetts trust company having its principal place of business at One Boston Place, Boston, Massachusetts, as it is Executor of the Will of Cyril H. Jones, late of Cotuit, Massachusetts, by the power conferred in said Will and every other power,, fgr con- sideration paid grants to Thomas A. Wooters, Trustee of Cotuitn( Trust under an agreement dated May 2, 1973 and recorded with Barnstable. County Registry of Deeds in Book 1051, at Page 170, the land and buildin&sthereon on Ocean View Avenue in Barnstable (Cotuit), Barnstable County, Massachusetts, being shown as Parcel A on a plan dated December 16, 1919, by Thomas Iverson, C.E., recorded with Barnstable County Deeds in Plan Book 7, Page 101 and containing approximately 3.5 acres, excepting therefrom a certain parcel of land conveyed to Albert L. Gustin, Jr., and Hester M. Gustin, husband and wife, as tenants by the entirety by deed of Cyril H. Jones dated November 3, 1955 and recorded with the Barnstable County Registry of Deeds, containing 432 square feet, more or less, and shown as Parcel A on a plan by Charles N. Savery Co., Engineers and Surveyors, dated October 13, 1955, as revised October 24, 1955, and entitled, "Plan of Land in Cotuit, Barnstable, Mass., as Surveyed for Albert L. Gustin, Jr.", recorded with said deed. For prior title see probate of will of Frederica Vanderbilt Jones, Barnstable Probate #31732 and deed from Spencer L. Adams et ux to Frederica V. Jones recorded with Barnstable Deeds in Book 615, Page 121. See also Probate of the Estate of Cyril H. Jones, Barnstable Probate #48683. i 145 Said premises are conveyed subject to real estate taxes for the year 1973, which the Grantee assumes and agrees to , pay- The consideration for this conveyance is $250,000.00. IN WITNESS WHEREOF, Boston Safe Deposit and Trust Company has caused this deed to be executed and its corporate seal to be affixed hereto by Eugene W. Mitchellits•Real Estate Officer, hereunto duly authorized this 7th day of August, 1973. Boston Safe Dep COMMONWEALTH OF MASSACHUSETTS Company y ►us•rT� 0 O Q By o: = M 5 7 a. _ , As E ecutor as afo 09 COMMONWEALTH OF MASSACHUSETTS Suffolk ss. August 7, 1973. i Then personally appeared the above named Eugene W. Mitchell, its Real Estate Officer and acknowledged the foregoing to be the free act and deed of Boston Safe Deposit and Trust Company j as Executor as aforesaid. �I •<i f Notary u is He1en.'C-1'Vh44ekt My commission expire a*x Viim.A3, ,J1978 l�� *'rAa ',.Y.'914 rt:,_ 146 BOSTON SAFE DEPOSIT AND TRUST COMPANY ONE BOSTON PLACE BOSTON MASSAC.HUSETTS 02106 TELEPHONE AREA CODE(6171 1 722-T000 1 CERTIFIED COPY OF VOTE OF BOARD OF DIRECTORS At a regular meeting of the Board of Directors of Boston Safe Deposit and Trust j Company, duly notified and held in Boston on April 13, 19T1, a quorum being present i and acting, upon motion duly made and seconded, it was unanimously VOTED: That the Chairman, the President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, the Treasurer, the Secretary, any Senior Trust Officer, any Trust Officer, any Assistant Trust Officer, the Real Estate Officer, and any Assistant Real Estate Officer, be and each hereby is authorized on behalf of this Company to sell, assign, lease, transfer, deliver and convey any real estate, or mortgage thereof or interest therein, now or hereafter owned by or standing in the name of this Company in its individual or any representative or fiduciary capacity or in the name of any decedent or other person for whose estate this Company acts in any fiduciary or representative capacity or in the name of any princi- pal for whom this Company may now or hereafter be acting under power of attorney, or held by this Company as collateral security, and to execute) acknowledge and deliver such deeds, contracts, assignments or other papers and documents as may be appropriate in the premises and to affix the seal of this Company to any in- struments requiring a seal, any instrument executed pursuant to this vote to be j in such form as the officer executing the same shall approve, his execution thereof to be sufficient evidence of such approval. i A true copy. 1 Attest: . IF O;,fly -,Q �j,�— ✓ ' ''``j-- i -- f Awmmbact Secretary l ktrer e�F, fy that said VOTE was adopted pursuant to the Charter and By-Laws of t�le.Cpa MSn hW not been emended or revoked and that Euf.ene W. Mitchell I }aW b 'dp ectLd/or appointed to the office of Real Estate Officer , I thgtFho ollS this office. WITNES'3 and and seal of Boston Safe Deposit and Trust Company this seventh 1 day f u ,e• .�1973 - i C Secretary COMMONWEALTH OF MASSACHUSETTS 1 Suffolk, as. eto usetts j lugus P'T 7 j Then personally appeared the above named Hamilton Thornquist ,x8960lOW Secretary, and made oath that the foregoing vote is a true copy from the records of j Boston Safe Deposit and Trust Company and the foregoing certificate is a true state- ment, before me. ME�mC. WHITE, _aa �.t.\.A mission FADD Pubi;; otary isID!s 5 ,Ner. RECORDED AUG 9 IM f BOOK 2297 ylfi. 069 MA-IlArMV1ION"QUITCLAIM DaeD aMOMT►tante(INDIVIDUAL) 661 Thomas A. Wooters, as Trustee of Cotuit Trust under an Agreement of Trust dated May 2, 1973 and. recorded with Barnstable County Registry Of Deeds, Book 1851 at Page 170, whose mailing address is Post Office BOX. Z40, Nowtonville, Middlesex County, Massachusetts 02160 0276.7 A 9=04wwwalmodw >sbWxmo 11rd,for consideration paid,and in full consideration of One Hundred Fifteen Thousand Dollars ($115,000.00) paid, grantsto Julian M. Sobin and Leila F. Sobin, husband and wife as tenants by the entirety (mailing address; The Fairfield, Apt.251I, zk Prudential Center, 790 Boylston Street,msetts 9ts�,on, with quttrlatta rattellaub Malseathelandin Barnstable (Cotuit), Barnstable County, Massachusetts shown as fitamosa)a• Lot. on the plan entitled "Definitive Subdivision Plan - Land of Cotuit Trust, Barnstable (cotuit), Mass." dated September 11, 1973 and drawn by New England Survey Services, Inc., which plan is recorded with said Deeds in Plan Book 280 at Page 58, and containing approximately#/,Soo square fetet according to said plan. The premises are conveyed together with the right, in common with the Grantor and .others entitled thereto, to use and travel upon Bluff Point Drive, as shown on said Plan, for all purposes for which ways are commonly used in the Town of Barnstable, for access to and from Ocean View Avenue, a public way. Subject ti and with the benefit of the matters set forth in the document entitled "Declaration of Restrictions of Bluff Point in Cotuit", recorded with said Deeds in Book 2040 at Page 184 The premises are conveyed together with such of the beach and riparian rights of the Grantor as pertain to said Lot with regard to that portion of said Lot which abuts Cotuit Bay. For the Grantor's title see deed of Boston Safe Deposit and Trust Company, executor of the estate of Cyril H. Jones, recorded with said Deeds in Book 1914 at Page 144 and deed of Hester M. Gustin recorded with said Deeds in Book 1851 at Page 175. r'OMA'.J I'e� jNU,EfTS 40 _..—f in hand and seal this.....yth.............day of..,*A v..',iI:.................... 19A.... ...... ................................................ CS) ........................ �4 ..� USA.. .. ................................I.............. BY.: ,. r .i....I.................. ............................................................................. .............................I.... ... , ....... Thomas A. Wooters, as Trustee and not individually IDgr camutanweauh of fi mvittlim to f U PRvaIC U. 19716 Then personally appeared the above named Thomas A. Wooters, Trustee as aforesaid and acknowledged the foregoing instrument to be free act and deed,before roe � No Pstpllc�)wO(e sal the Peaca NLLUNM FEB 9 76 Df ( "too aapttes April 29, 1977 ($Individual—Joint Tenants—Tenants in Common—Tenants by the Entirety.) CHAPTER 1s)SEC.6 AS Ahn'NDOD BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon It the full name,residence and Post of ica address of the grantee and a recital of Ole amount of she full consideration thereof in dollars or Oe nature of the other consideration therefor,It not delivered for a srecifie muneuty sum. The full convdetation Onali mean the total price fat One conveyanro without deduction for any liens or an- cumbrance aaumc,l by ttto acmes or remaining Iherenn. All suit,endorscmcnu and recitals dull be teenrJed as part of ilia deed. Failure to tongdy whit this session shall nut 4d Lt Ube v.diJily of uny dcTJ. No rvaislcr of deals dull accept a devJ fur recording unless 11 Is in cumphatce Willi ilia tryuircocnu of this sveliun. BK 12?b81 PG242 89613 f For the Grantor's title see deed recorded with'said Deeds in Book 2297 at Page 69. Massachusetts Deed Excise Tax Stamps in the amount of$16,971.75 have been affixed hereto and cancelled prior to recording. EXECUTED under seal this 2 Z�day of 1999. Juliann M. Sobin 1 Leila F. Sobin COMMONWEALTH OF MASSACHUSETTS / ss. F*-�-�-�t , 1999 I Then personally appeared the above-named,Julian M. Sobin and Leila F. Sobin and acknowledged the foregoing instrument to be their free act and deed, before me, ^-4 C i N6tao Public My Commission Expires: . C3 I °° `G KA?NL EN C. OAU N �_. C W CO � -. --1 Commhstoa bcplte4 , 1 r\.p r V! . ZO Y, G $: � • M W W C; fl ' � m BARNSTABLE REGISTRY OF DEEDS MNODMA.Auive;8123899;! "2" P. DECLARATION OF TRUST ESTABLISHING BLUFF POINT 1999 TRUST NO. 2 JOHN F. FITZGERALD, Trustee, hereby declares for himself and for his successors in trust that he holds Ten Dollars($10)in trust under this instrument and that he will hold in trust hereunder all additional property(including any right, title or interest in or to any kind of property) which he may hereafter acquire hereunder, from time to time, for the benefit of the Beneficiaries,upon the terms hereinafter set forth. The word "Trustees"refers to the person named'above and to the person or persons hereafter serving, as Trustee or Trustees, as appears from the records of the Registry of Deeds,and the word "Trustee" refers to any one of them. 1. Name: Beneficiaries. The Trust hereby established may be referred to as BLUFF POINT 1999 TRUST NO. 2. The term "Beneficiaries" wherever used herein shall mean the person or persons identified as'such in a certain Schedule of Beneficial, Interests this day executed and filed with the Trustees, or in any revised Schedule of Beneficial Interests so executed and filed from time to time. The Trustees shall not be affected by any assignment or transfer of any beneficial interest until receipt by the Trustees of notice that such assignment or transfer has in fact been made and a revised Schedule of Beneficial Interests shall have been duly executed and filed with the Trustees. Any Trustee may without impropriety become a Beneficiary hereunder and i r 81< 12b$1 PG21. 3 89606 exercise all rights of a Beneficiary with the same effect as though he were not a Trustee. 2. Ingome. The Trustees shall pay the income of the Trust or cause it to be paid directly to the Beneficiaries, in proportion to their respective interests; the Trustees shall have no authority to accumulate, invest, expend or otherwise exercise any dominion over such income except to so pay it or cause it to be so paid. 3. Trustee Powers. The Trustees are authorized and empowered to buy property and with respect to all or any part of the trust estate to sell, exchange or otherwise dispose of property, to convey, grant, assign,mortgage or create security interests, and as lessor i or as lessee to execute and deliver leases and subleases; to borrow money and execute and deliver notes or other evidences of such borrowing,and to grant or acquire rights or easements and enter into agreements or arrangements with respect to and binding upon the trust estate(without-individual liability therefore. The Trustees may sign as maker, drawer or indorser negotiable instruments containing such terms as the Trustees deem advisable. The Trustees may create estates and obligations extending over any period of time including periods extending beyond the date of any possible termination of the Trust. Notwithstanding any provision contained herein,no Trustee shall be required to take any action which will, in the opinion of such Trustee, involve him in any personal liability unless first indemnified to his satisfaction. No license of court shall be requisite to the Validity of any transaction entered into by the Trustees. Any person dealing with the Trustees shall be fully protected in accordance with the provisions of Paragraph 7 hereof. 4. Termination. The Trust may be terminated by a certificate of termination 2 * and including the right to appoint attorneys in fact to carry out the powers of the trustees. •, • yr �� i��J fw, i ��hF � � ���..74.iV signed and acknowledged by a Trustee hereunder and recorded with the Registry of Deeds,provided, that the Trust shall terminate in any event no later than eighty nine(89) years from the date hereof. In case of any such termination,the Trustees shall transfer and convey the specific assets constituting the trust estate, subject to any leases, mortgages, contracts or other encumbrances on the trust estate, to the Beneficiaries as tenants in commonproportionmto th it respective interests. S. Trustee Succession: Bond: Amendment. There may(but need not)be more than one(1)Trustee hereunder, and when there is only one(1) Trustee he or she shall have all the powers of the Trustees. A Trustee may resign by written instrument signed and acknowledged by such Trustee and recorded with the Registry of Deeds. Whenever JOHN F. FITZGERALD ceases to be a Trustee, then JOSEPH R. JENKINS of Shrewsbury,Massachusetts shall become Trustee upon recording of his signed i acceptance with the Registry of Deeds. Subject to the preceding sentence, succeeding or additional Trustees may be appointed or a Trustee removed by an instrument or instruments in writing signed by the Beneficiaries or by a certificate of appointment or removal signed and acknowledged by a Trustee, identifying the Trustee or Trustees appointed or removed and, in the case of an appointment,the signed acceptance by the Trustee appointed,recorded with the Registry of Deeds. Upon the appointment of any succeeding or additional Trustee,the title to the trust estate shall thereupon and without the necessity of any conveyance be vested in said succeeding or additional Trustee jointly with the remaining Trustee or Trustees,if any. Each succeeding or additional Trustee 3 B!C 12681 P021 S 89606 shall have all the rights,powers, authority and privileges as if named as an original Trustee hereunder. No Trustee shall be required to furnish bond or surety on any bond. This Declaration of Trust may be amended from time to time by a certificate of amendment signed and acknowledged by a Trustee,setting forth the terms of such amendment,and recorded with the Registry of Deeds. 6. Trustee Discretion: Trustee and Beneficiary Liability. All power and authority given to the Trustees shall be exercisable by them at such times and in such manner as the Trustees, in their discretion, deem suitable and proper. No Trustee shall be personally liable for any error of judgment or for any loss arising out of any act or omission in good faith,but a Trustee shall be responsible to the Beneficiaries only for his own willful breach of trust. No Trustee and no Beneficiary of this Trust shall ever be personally or individually liable for any of the debts, contracts,liabilities,warranties or other obligations of the Trustees or the Trust. Each person extending credit to or contracting with or having any claim against a Trustee or the Trust shall look solely to the Trust property for satisfaction of any such contract or claim which such person may have with or against the Trustees or the Trust. 7. protection of Persons Dealing with : Trustees'Actions. No purchaser, mortgagee, lessee,encumbrancer, creditor or other person shall be under any liability to see to the application of the purchase money or of any money or property loaned or delivered to any Trustee or to see that the terms and conditions of the Trust have been complied with. Every agreement, lease,deed,mortgage,note or other instrument or 4 I -- I document executed or action taken by the Trustee when there is only one (1)Trustee of record, or by any two(2) Trustees when there is more than one(1)Trustee of record, shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that at the time of the delivery thereof or of the taking of such action the Trust was in full force and effect, that the execution and delivery thereof or taking of such action was duly authorized, empowered and directed, and that such instrument or document or action taken is valid,binding, effective and legally enforceable. Notwithstanding the foregoing, each Trustee acting alone shall have the power to (a)sign checks or orders on funds deposited in any bank, (b)endorse checks for deposit and (c) endorse certificates or execute powers for transfers of securities. Any person dealing with the trust estate or the Trustees may always rely without further inquiry on a certificate signed by any person appearing from the records of any registry of deeds in which this instrument has been recorded to be a Trustee hereunder,as to who are the Trustees or as to the authority of the Trustees to act or as to the existence or non-existence of any fact or facts which constitute conditions precedent to acts by the Trustees or which are in any other manner germane to the affairs of the Trust. 8. Registy of Deeds. The term "Registry of Deeds" as used herein shall mean the Registry of Deeds of Barnstable County, Massachusetts; provided that if this Declaration of Trust is recorded or filed for registration in any other public office within or without the Commonwealth of Massachusetts,any person dealing with portions or all of the trust estate as to which documents or instruments are recorded or filed for registration in such 5 other public office in order to constitute notice to persons not parties thereto may rely on the state of the record with respect to this Trust in such other public office, and with respect to such portions or all of the trust estate the term "Registry of Deeds" as used herein shall mean such other public office. WITNESS the execution hereof in duplicate under seal at Hopkinton, Massachusetts,by the undersigned this 101da?JOHIN c�1 9 F. FITZ D,Trustee COMMONWEALTH OF MASSACHU SETTS Middlesex, ss. Kkarc'k lb , 1999 Then personally appeared the above-named JOHN F. FITZGERALD and acknowledged the foregoing instrument to be his free act and deed,before me otary Public My commissio expires: 128098.02 Eileen M.Soncomb NOTARY PUBLIC My cOiTlf*ion e0es MW 15,20 IL 60 10 �14D 6 BARNSTABLE REGISTRY OF DEEDS r DECLARATION OF RESTRICTIONS 1nfeQ Z OF BLUFF POINT IN COTUIT BOA;Mwo Aoi WHEREAS, Thomas A. Wooters, as Trustee of Cotuit Trust (hereinafter, together with his successors as such Trustee, referred to as the Grantor) ender Declaration of Trust dated May 2, 1973, and recorded with the Barnstable County Registry of Deeds in Book 1851 at page 170, hereby imposes the follow- ing protective restrictions on the land acquired by the Trust from Boston Safe Deposit and Trust Company, Executor of the Estate of Cyril H. Jones, by Deed recorded with said Deeds in Book 1914 at Page 144 and property acquired from Hester M. Gustin by Deed recorded with said Deeds in Book 1851 at i Page 175 (hereinafter referred to as the "Premises"), reserv- ing nevertheless the right to waive any provisions hereof whenever, in the judgment of the Grantor, his successor or the person or entity to whom such discretion has been delegated or transferred as provided herein, such waiver would be consistent with the common scheme incorporated herein and literal adherence to the terms hereof would constitute a hardship; A. Subdivision The Premises shall not be divided or subdivided other than as shown on the Subdivision Plan approved by the Planning Board of the Town of Barnstable on December 10, 1973, and recorded with said Deeds in Plan Book 280 at Page 58, except that the boundary between Lot 6 and Lot 7 may be .changed by agreement of the respective owners thereof, provided that all required govern- mental approvals are obtained. Paragraph.B shall not apply to any conveyance thereby required. I enu..2040 —z— i B. Salcl No person other than the Grantor shall sell, mortgage, convey, lease or rent, the whole or any part of the premises I while title to any lot shown on the said subdivision plan shall remain in the Grantor or for three years, whichever period is the shorter, without first securing the approval in writing of the Grantor, except in the case of a first mortgage given during or after construction of a dwelling to a regulated institution authorized to make mortgage loans in the Commonwealth of Massachusetts, and except for a lease or rental of not more than three months permitting occu- pancy by not more than six persons. Failure to respond within fifteen days after receipt of a proper written re- quest for approval shall be deemed to constitute approval. Thereafter, except in the case of such a first mortgage or a sale under a mortgage forclosuro, in the event that any owner of any portion of or interest in the Premises, shall receive a bona fide offer for the purchase of any part thereof and should such owner wish.to accept such offer, then said portion of or interest in.the promises shall first be offered to the Grantor at the same price and on the same terms and conditions as said bona fide offer. Should the Grantor de- sire to purchase with fourteen (14) days of recept of said f notice, the Grantor shall send written notice by certified or registered mail, postage prepaid, to the last known address of said owner indicating a desire to purchase and the Grantor shall have thirty (30) days within which to i complete such purchase, starting from the date of said regis- toned mail notice to said owner. i i i i I 1 , 86L..2040 ,r,,.i 187 scaping, harmony with the general neighborhoud and the extent to which the same may interfere with or degrade the view from any other portion of the Premises, particularly the view in the direction of the water. The owner may commence Construction at any time within two years after the date of such written ap- proval, but, once Construction has begun, the Structure must be completed as to outside appearance and shall be suitable for occupancy (but not necessarily complete in every respect) within one your of the commencement of Construction, if a dwelling, or within nix months of the commencement of Construction in the case of any other structure. . Any disapproval shall be accompanied by a statement of the reasons therefore. failure to approve or disapprove such plan and specifications within thirty days after they have boon submitted in writing and in proper form shall be deemed to constitute approval, as shall failure to commence an action or to file a notirc of disapproval or a certificate with the Barnstable County Registry of Deeds within six months or the latest of (i) the date of disapproval, (ii) the date of procural of a building permit, or (iii) the date of-commencement of con- struction. 3. Upon completion of any Construction, any disturbed surfaces shall be covered with pine needles, sod or seed or I barkmultch, and any driveway shall be surfaced with hot top, crushed stone, sea shells or other commonly used surfacing mat- erial, it being the intent of this provision that there shall I be no dirt driveway on the Premises. ' 4. Any external lighting installed in any part of the Promises shall be either indirect or of such control, focus and I intensity as not to disturb other residents of the area. I I' I 188 -s- (95. No tree or shrub which-has attained a diameter of six i inches at a height of six feet above'the ground can be cut down or removed without the prior written consent of the Grantor. Approval of construction, pursuant to subparagraph 2, above, shall be deemed to carry with it consent to the removal of trees and shrubs to the extent necessary to carry out the approved construction. 6. Any structure existing on the date hereof shall be i exempt from the restrictions set forth herein except for future i construction. ' 7. No tent, house trailer, camper, mobile home or other temporary building of any kind shall be erected or maintained on any lot. 8. without the prior written consent of the Grantor, no utility connections from the street to any residence shall be installed above the ground. 9. without the written approval of the Grantor, no excavation for sand, gravel, stone or dirt shall be made on 1I any lot except for the purpose of building of basements or cellars of dwelling houses, or other approved Structures, or approved gradings. Surplus excavated material shall be disposed of as directed by the Grantor. The Grantor retains the right, at any time, to excavate and grade any lots owned by the Grantor and on any reserved area, and to remove material or to deposit material thereon in connection with the work of the development of the Sluff point Subdivision. leg -6- D. itiyhts of the Association The Grantor intends to establish an association of lot owners !I to be known as the Bluff Point Association. At such time as the Grantor shall designate, or on such earlier date as the Grantor i no longer shall be the record owner of any lot in the Bluff Point Subdivision, all of the rights herein granted to and reserved by the Grantor shall be deemed to be rights reserved for and granted to the said Association, which shall act by majority 1 vote of its governing body. The Grantor retains the obligation I to complete street construction as described in the plan sub- mittod to the Town of Barnstable. Thereafter, to the extent j that the town or village does not assume the responsibility, the obligation to maintain streets shall be the obligation of the Association. All costs and benefits of the Association shall be shared equally by and among lot owners other than the Grantor, except that the Grantor shall bear a proportionate share of the cost of maintaining streets. E. Easements and Reserved Rights 1. Each lot shall have the benefit of a ten foot wide right of way for access by foot to the shore across that portion • of Lot 9 which adjoins Lot 10. In addition, each Lot shall have the benefit of an casement on that portion of Lots 7 and 8 bounded on the North, East and South by Cotuit Bay, and on the west by a line approximately 200 feat in length commencing at a point on the Cotuit Bay boundary of Lot 8 and proceeding South i is oil 16" west to intersect the boundary.between Lot 7 and Lot 8 at a point 610 feet distant, by two courses along said boundary line, from Bluff Point Drive, and continuing along the same course to a point on the Cotuit Bay boundary of Lot 7, such easement i i w J �— ecu:.2040 r�« 190 — to be limited, however, to the right to use the area so defined as a bathing beach. Each Lot owner, the members of his immediate family and house guests permitted as herein provided, shall have the right to walk the shore of the Premises, defined, for this purpose, as the area between the water and the perimeter of the I land area covered by vegetation, such right to include a right i of access to the bathing beach previously defined. 2. The Grantor reserves easemento and rights in all lots for all or any of the following purposes: (a) To install and maintain all .public utilities in, over, under, along and upon the ways as shown on the Bluff point Subdivieion Plan, and the right to grant easements to public service corporations or municipalities for the instal- lation and maintenance of such public utilities in, under and upon said ways, and anchors and guys to support the lines in said private ways and on land adjacent thereto, reserving also to the developer the right to grant easements to public service corporations for the installation and maintenance of necessary equipment in, under and upon an area five feet in width and ten feet in depth at the sidelines of each line adjoining the ways as shown on said plan for the distribution and supply of all public utilities, both above and under ground, on said premises and private ways. (b) Storm water drains, water and gas main pipes. (c) Any other method of conducting and performing any public or quasi-public utility or function over or beneath the surface of the ground. 3. There is reserved to the Grantor, the right, at any time or from time to time, to dedicate to the public use, as public I I -©- 440 191 roads or highways, or to convey to the Town of Barnstable or to i the County of Barnstable or to any other appropriate governmental unit, the foe simple of any part of or all of the private roads or rights of way laid out or upon the premises subject hereto, and to make such arrangements with said governmental unit for the care and maintenance of the said roads, rights of way or highways so dedicated or convoyed, as they may -deem advisable. 4. The Grantor, or any agent of the Grantor, at any reason- able time, may enter upon and inspect any property for which plans have been submitted for approval, or upon which construc- tion is in progress, prior to, during or within sixty days after completion of such construction. F. Further Prohibitions and Restrictions 1. No business or commercial activity of any kind or character shall be conducted on the premises. 2. No animals, except a usual and ordinary number of domestic or household pots owned by the occupant of the premises, shall be kept on any lot. Domestic and household pets shall only be permitted in such number and of such a nature as not to be un- reasonably noisome or offensive in the neighborhood. Fowl and s kenneled, stabled or caged animals of every nature are to be prohibited at all times and no breeding of domestic or household pots for sale shall be permitted. 3. The structure and grounds on each building lot shall be maintained in a neat and attractive manner. No garbage, refuse, I i rubbish or cutting shall be deposited on any street roads, side- walk or reserved area, and not on any lot unless placed in a suitable container or stored in such manner as not to be seen from the street or adjacent property. 4. No sign shall be permitted on any lot except one sign -9— aco:.2040 .��. 192 not over one and one-half square feet in area indicating the owner's name or identifying his property. G. Continuance and Construction 1. All of the covenants, restrictions, agreements and charges set forth herein shall continue until the first day of January 1995, and may be extended or modified, and extended for a period not exceeding 25 years, by an agreement duly executed and filed for registration by the governing body of the Bluff Point Association. The easements herein provided shall continue in perpetuity. 2. ' I£ an easement, covenant, restriction or agreement herein contained shall be held invalid by any court, such in- validity shall in no way be deemed to effect any other covenant, restriction or agreement herein contained. 3. These restrictions may be enforced by any person having an interest therein by any means permitted at law or in equity, provided, however, that Grantor does not hereby intend to re- serve any right of reverter. i Witness my hand and seal this /- day of '�•/ _�• 1974. OMAS A. WOOTERS, Tru ee Of Cotult Trust COMMONWEALTH OF MASSACHUSETTS May /`e . 1974 Suffolk as- Then personally appeared the above-named Thomas ins trument/ Trustee as aforesaid, and acknowledged the foregoing to be his free act and deed, before me My Commission Expires'- otary . bl c tiLUU tutu My is 74 � f ' � r eou.:�040 186 -3- c. construction 1. No buildings or other structures or fixture, improvement on appurtenance or any kind (hereinafter collectively referred I to as "Structures") shall be erected, placed or allowed to stand on any lot shown on the said subdivision plan except one detached dwelling house designed as a residence for one family, one garage adapted for the storage of not more than three pleasure vehicles (which may be constructed as an integral part of the dwelling house or as a detached building), suitable garden structures and necessary and appropriate accessory buildings, such as green houses, docks, boat houses, pool houses or tool she,?s. "*o dwelling house shall be used for any purpose other than as a dwelling for one family, provided, however, that nothing herein shall be deemed to prohibit the presence of family, servants of nonpaying guests. I 2. No Structure shall be moved onto, erected, constructed or maintained upon the Premises or any portion thereof and no Ialteration, addition, remodeling or change in the exterior of any such Structure, (the word "Construction", as used herein, shall include any such activity) shall be undertaken or made eci£icationa drawn to a suitable scale by an until plans and sp architect, engineer or designer showing the nature, kind, shape, height, materials, location, appearance and grading plan thereof shall have been submitted to and approved by the Grantor, or such person or persons as may be designated by the Grantor. The Grantor shall have the right to refuse to approve any such I submission, in whole or in part, if, in the opinion of the Grantor, the same would not be suitable or desirable for aesthetic or other reasons, and shall take into consideration, among other factors, the suitability of the proposed structure, siting, land- I I Parcel Lookup Page 1 of 1 'THE !o ` B STA M A1A55, r ci r M?. Logged In As: Parcel Lookup Tuesday,July 24 2012 Road Lookuo Condo Lookup Multiple Address Lookup Reports Search Options , Search By OWner Owner Name FRANCHI Search <Prev Next> Page 1 of 1 Rows/Page:F,5T I[— . Parcel Location Owner Village Map 166-084 156 STURBRIDGE DRIVE FRANCHI,ANTHONY OST 166084 1"Ab 005-034 60 COTUIT COVE ROAD FRANCHI,ANTHONY A&CONSTANCE COT 005034 1,4Nd 034-072 78 BLUFF POINT DRIVE FRANCHI,ANTHONY A&CONSTANCE TRS COT 034072 034-074 40 BLUFF POINT DRIVE FRANCHI,ANTHONY A&CONSTANCE TRS COT 034074 /-".aSE -s LAalD I http://issgl2/intranet/propdata/lookup.aspx 7/24/2012 ' 'Assessor's office Ist Floor): a i" Assessor's map and lot nu r 131 N SEPTIC Sl STE ] DOUST�o�40�INC --'Conservation(4th Floor): 8� "�������� ®��F�� Board of Health(3rd floor): ] —Sewage Permit number s � �y—Y'� p,�a/a( WITH �p��p��'�a p� : sAsT�tt . Engineering Department(3rd floor):, " x qr;r*n n`i rpe, �039.o asr&�� House number ' t Definitive Plan Approved by Planning Board i 19 ti APPLICATIONS PROCESSED 8:30-9:30 A.M:and 1t00-2:00 P.M.only ' s TOWN OF BARNSTABLE -BUILDING INSPECTOR APPLICATION FOR PERMIT TO �e p/ace, sc A)&a. \ :TYPE OF CONS RUCTION C1J/Vl/. �9m� �,�'$^Z�pG /,y�,�4C� &d4IL �C/Giyig ' N0 l S�iytj f- " . � � Gi, 19 93 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location L ��-. Gad. Coytk Proposed Use A6 r4,n'17 Zoning District 31E: Fire District ( 6; 7j 1 ti— Name of Owner ATY'heNj F/Ai17CA( Address- Na me of Builder Address Name of Architect Address Number of Rooms FoundationX�Si�4 Coucr � /"�G/LS Exterior Roofing Floors Interior Heating Plumbing Fireplace Approximate Cost �tJ��• vv Area 3 /6 s P'1`= Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQU FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name Construction Si ipervisor's License Ao�O�� �. FRANCHI , ANTHONY REPLACE No 36171 Permit For DECK. t- Single Family Dwelling Location 40 Bluff Point Road ' r , COtult ' Owner Anthony Franchi � .: ti +,�!•��•.; ' Type-.of Construction ; Plot Lot Permit Granted September 1-& 19 93 Date of Inspection: ,1 Frame _ 19 Insulation 19. Fireplace " _ 19 ` �) Date Completed / e P= 19 \ V ' r Y,• r i i COMMONWEALTH DEPARTMENT OF PUBLIC SAFETY OF ONE ASHBORTON PLACE Av F&U#rstcjlca3'QRs0" q f MASSACHUSETTS BOSTON,MA 02108 - ��s& sStabBdi j�►B 07188 LICENSE. Codelscaysel%,*Oggtoa EXPIRATION DATE CONSTR. S U P E R V I SOR., ofth/al/caAss. 0 2/0 5/1 9 96 FOR PROTECTION AGAINST RESTRICTIONS EFFECTIVE DATE UC NO. THEFT, PUT RIGHT THUMB ; a NONE 06/30/1993 005672 PRINT IN APPROPRIATE 01 BOX ON LICENSE. NICHOLAS C AYERS Oz 16 M A R A V I S T A AVE BLASTING OPERATORS = TtATICKET MA 02536 Z 1J$ `LI CLUDEPHOTO. PHOTO(BLASTING OFF!ONLY) F �•0 00 . • NOT.VALID UNTIL SIGNED BY LICENSEE AND OFFICIALLY HEIGHT: STAMPED-OR-SIGNATURE OF THE COMMISSIONER I i I �U',Awril D.T- s`.:;: THIS DOCUMENT MUST BE « SIGN NAME IN FULL ABOVE SIGNATURE LINE CARTHE IED ONHOLD THE PERSON EN- ' IGN WISSIONER THE HOLDER WHEN EN- OTHERS-RIGHT THUMB PRINT GAGEDIN THISOCCUPATION. ' '�8'l!O/JJJ/LlY/LfJN,'Ift/t'� I�J. �/lJJIIf'�UJI.I�J t10ME III, I% IEIIi COIIiRACi0R Registration ''KII I' Type -- )BA Expiration, 03/10/95 j I9 3 V UILDEfiS i AYE.r6 �>,-iCorGa/'• ��� 1�� P�tR A�?i 5 i Fi Ll'��%. � . ADMINISTRATOR TEni':lK,- MA 0253b i ( i i i I 1� a: COMMO TH OF MA.SSACHUSETTS =; DETARTMENI' OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET BOSTON, MA.SSACHUSETTS 02111 fames.: Cartooei' �o-m sstone WORKERS' COMPENSATION INSURANCE AFFIDAVIT .. 1, /V Ilr LDS Qi25 (licensee/permirtcc) with a principal place of business/residence at: T a,7,6c/cam 141- 0257,34, (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: ( J 1 am an employer providing the following workers' compensation coverage for my empioyccs working on this job. III* Insurance Company Policy Number I ( J I am a sole proprietor and have no one working for me. <am a sole proprietor, general contractor or homeowner (circle one) and have hired the eontraaors listed below who have the following workers' compensation insurance policies: Dame of Contractor Insurance Company/Policy Number Dame of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number Q I am a homeowner performing all the work myself. I NOTE: Plcasc be aware that while homeowners who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appumoant thereto arc not generally considered to be employers under the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowner for a license or permit may evidence the legal status of am employer under the Workers' Compensation Act 1 understand that a copy of this statcmcnt will be forwarded to the Department of Industrial Accidents' office of Insurance for.coverage verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of_mMinal penalties consisting of a fine of up to S1500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a fine of S100.00 a day against me. Signed this _ �?4_4 day of tw4".,4-P-_- 1 19 Licensee/Permiticc �Lieensor/Permirtor Q �N o0 p 15 Anth=y Frrmebi C3i s �. S �f',O � �21 a FEE 7g TOWN OF BARNSTABLE, ASS. as �' 7 c 'd o �Mppo o�.9 THIS IS TO CERTIFY THAT PERMIT IS HEREBY GRANTED TO �R _.......................Anthonv...1?rna ehi....._................ ...:.....................__..__._.................. .2.._Woodaidno ttd....._`!cow tiatmi O 0 (PROPERTY OWNER) IADDRESSI +�a0 D=11itm .y.yy pwp 6 TO .............._............'........_.................................................._......_ _.._._._ _ _......................................_................................__..._..................M..._...._ w` IBUILD) (ALTER) (REPAIR) I' , p p, Rood Fra=._............._. _. 2100 So. Ft. M M -Of-BUILDING) (APPROXIMATE SIZK1 �.. d Lot1'2 Bluff,+ t. Dr. Cotuit o LOCATION _..__._._....__......_......._ ___.._.__.._.......__. m (STRE AND NUMBER) (VILLAGE) AIMNAME OF BUILDER OR CONTRACTOR APPROXIMATE COST A"Ann.nnn m9,14 1 HEREBY AGREE TO CONFORM TO ALL THE RULES AND REGULATIONS OF THE TOWN d 14 OF BARNSTABLE,�"REGARDING THE ABOVE CONSTRUCTION- o m c.n .._._..__.......__............................................... _ .__.._....._ __._......_._......----..__...._._...__.........._...........................__ Cl (OWNER) (CONTRACTOR) BUILDING INSPECTOR• Subject to Approval of Board of Health. i `~• t 1 4 � a� , `` ` l �� � /�� V� ` , A�r is map and lot number ...... ................................. �ewag a Permit number ........................................................... �ofTMEro�° TOWN OF BARNSTABLE 9A"STADLE. i ,639. BUILDING INSPECTOR 'F0 YPY a' APPLICATION FOR PERMIT TO ....... 6;0�� �iJA r � �R.� r�'.J � ........i...............P....................................................I.......... ..... `... TYPEOF CONSTRUCTION ®� �..................................................................................................................................... . TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: c�Location .... ...... /? c...... ...... .........•>..V..................................................... ProposedUse ............................................................................................................................................................................. Zoning District -5� � � ��'�L.. �'e.:. .........Fire District..... .... .... ..... ... �✓�rf� �' f')C f�� fd�� / te r... r'•fr ; 5 Name of Owner ......................................C....... ............Address ......... ..... ..... Name of Builder ...................... .....................:................Address ....................... Name of Architect ��� /� � - �� .....Address .....�Gf'C'�/ ..........��✓� ��a "�q C�� �J�C. i Number of Rooms ........�:Y............. ..........................Foundation .............. .............................................. Exterior ......�� �- :��i ��:�..�...................Roofing .......... o� > ��/�� .... .......................................... . ���i�t'� �3i�®� .....................Interior ....... ���J�G�. Floors ............................................... Heating �� jam g � %��6� ....... .........................................................................Plumbing .....,. ....... Fireplace .......... .� ......� .�/.. ......................................Approximate Cost .... ' ..rJ.`.. ........................................... Definitive Plan Approved by Planning Board -------------------_-----------19________. Area; . .�® ..�� ................ y Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH l r U I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. , Name f...::d �`� .............................. Anthony ,^""c�^^ ~l4 G ' _ . ' --- ' Permit forl' ............ "+ \~� Wing .......................... ----------'' Imt D r ' � Location ----��-----mlntt---�t..�--.�----- � Cotoit ......................................................'........................ Owner_.................................................................. ` PERMIT REFUSED , - / ^ ' ' ' / ' ` ' ' `. . . ............ ----. . ~ ---- ----.---------.—.----.... - � Approved ` ................................................. lA ^ ^ ' - ^ ----------------------^--- ` ---------------------.---- | Assess 'r's map. and lot 'number ....9 . ..... ...................... S JNSTALLRETDI NCe sewage Per_r�it r.' inber ..................................:..........::....:::.... S�a�T� v� :SITS'Y CODE AND TOM TOWN OFF BARNS E o i BARNSTABLE. i 69 1 131.1I101K INSPECTOR, a O�DYPY 'e „c�C � p f�2 �/A AGt>�C�i.rl cr Z -rTtrt2 S APPLICATION FOR PERMIT TO ...................:......:........................................................ l� Woo 0 /=K A MCA' TYPE OF CONSTRUCTION' ......................................................................................................:.............................. ..............197X TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ................................................................................./.............................. .. . .. ......:............................. ProposedUse .....J:.�1.../6ls, 7E •C�GaJE�Gi.���.....................................................:............................................... ................................................ p onin g District ,-,e �z�tUTU,j L......�!E.:.. :)........Fire District ..... ��� �.v/T ..................... Name f//V i/`�?W y /`2 A !U C�J i Hof Owner ....................................../....................1.......Address .............................. �................... QyFf.. .e. Nameof Builder 4Ml: ........Address `�'9.414:.......................... ................................. .................................................................................... Name of Architect ES?c .Q /V ZeC V T !Q.....Address c'�!ve .. «C .....i'°L .. . i�Sj. ............... ..... f...................... Number of Rooms .......... /�DoLlS..........................Foundation � UGR67TE ..................... ................ ................................................. Exterior w cO o ........... '`�///u 5'CG S Roofing 4�Go J //IE' /c'y¢7c�v Si✓iiu GG`� ..........................,......................................................... Floors �/.��v zv�®O Interior .......42 5' ....................... .......................................................................... Heating o i CJq iE•2........................................Plumbing ��s.. — �.`.:L.�.................. ................. � ....... . . _ ....... ........... 00 0 r Fireplace ��.1......8�2/c .......:.............................Approximate Cost .... �i....................................................... p P y g ------------------------- ,Z/doe............... 3 Definitive Plan Approved b Planning Board __ 19________. Area Diagram of Lot and Building .with Dimensions Fee `�`''. ............................................. SUBJECT TO APPROV L OF BOARD OF HEALTH 41) /_ 2 x �\ a5�ta'Aw I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name .... ........................... Anthony Franchi #34 42,. Sewage Ak 7375 V4'o ......:........... .Permit for .......... ellin ........ ............... .........L4.0.......................................... Location 149*�R Bluff..Pt. Dt ...................................... .... cotuit ................................. ............................................. Owner, .................................................................. Type of Construction .......................................... . ..........................................................!...................... Plot ....34.....42........... Lot ................................ .. . Permit Granted .........Oct 15 .........19 74 ..................... Date of Inspectiond Z 175/s-011 7d C—�► Date Completed 19 PERMIT REFUSED ................................................................ 19 .............................................e.................................. 77 4� ................................................................................ ............................................................................... .......................................................................... Approved ................................................. 19 ............................................................................ .. ............................................................................... W;l,4, oy 41 IN 1r f,4, J I d 1, 14 41 T lz ii A "Ol 7c. 01, if I Z 1p Xl VAj oN ,,, .", : ,- �ii:"i�,.,,I .- , r - ,w I -1V 14� f zu 4F I', �,j: P 770 I?x v i RA AP,95 7�0 141:� ill/IrIv 4 RHER A A4 o 2 i�l'i 10 T1, h"A ZO 7" 771F o4 A A V c ---------------