HomeMy WebLinkAbout0299 WHEELER ROAD 0299 � -
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�F THE
: . The Town of Barnstable
9eb1659. Department of Health Safety and Environmental Services
prFDMA'�a Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
October 8, 1996
TO WHOM IT MAY CONCERN:
Re: 299_Wheeler_Road,_Marstons Mi_Ils,MA
Map/parcel 082/004
Please be advised that parcel 4 on Wheeler Road,Marstons Mills is not a buildable lot from a zoning
perspective.
Sincerely,
Ralph M. Crossen
Building Commissioner
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PREPARED UNDER THE DIRECTION OF THE •� • • so
BARNSTABLE BOARD OF ASSESSORS • • - ,. -
AVIS AIRMAP INC.
CONNECTICUT
MASSACHUSETTS
d �p;
' u,.-8023 F4[ J30 30058 -a.
b 1, WILLIAM J. SCOTT of Barnstable (Centerville), Barnstable County,
' ~
�,,• � Massachusetts to consideration of TWO HUNDRED EIGHTY-TWO THOUSAND AND
NO/100 ($282,000.00) DOLLARS paid, grant to THOMAS A. BOUCHE and DEBORAH 1 Ally
" S. BOUCHE, husband and wife asCtenanjs by the entirety, both of
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YrrF•aa�, 1.lnssachusetts 026LY with QUITCLAIM COVENANTS the land In Barnstable
� (1Aars[ons Mills),Barnstable County, Massachusetts,together with the buildings thereon,
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bounded and described 8a follows:
I
Y SOIITIIEASTERLY by a Private Way as shown on snld plan, a distance of three i
.p,. hundred(300)feet;
,,,fy�y�• t.4 ,I /.
SOUTHWESTERLY three hundred thirty(330)feet, more or less;
,gee•:—p��.^' $. ,.
NORTHERLY by the waters of North Cotutt Pond, a distance of three L'
hundred ninety(390)feet, more or less;and J
I {
JI NORTHEASTERLY one hundred thirty-five(135)feet,more or leas. I
i ;._ •e s
" '•` Contalninq 1.6 acres : and belnp, shown on plan entitled "Plan of Land at •_,� '
1.larstons Mills, Barnstable, belonging to Wilfrid Wheeler, Trustee, and Helen W.
R'• MacLellan and being a subdivision of Lot E on a plan dated November 7.6, 1954"
+ recorded with Barnstable County Registry of Deeds in Plan Book I86 Page 27,
k ' The above described premises are conveyed with an appurtenant right or :i y
yR easement over the Private Way 40 feet wide as shown on said plan running to and IA
{ }�
K;�`r��•, from Race. Lane, only a portion of said Private Way befog shown on the subject plan. ,.
The Way is to he used with others entitled thereto for all purposes of travel on foot
or In vehicles and with the additional right to install, maintain and replace utilities j
P therein or thereover, anti with the further appurtenance of the pole line running over L
`'�,, land now of Bernard on the northerly side of said Way adjoining Race Lane, subject, 1
a .
41, however, to the limitations of such use as set forth In deed to Bernard recorded with s
Barnstable County Registry of Deeds to Book 839 Page 161. -'
k
Subject to and with the'benefit of all restrictions and rights of way of record, S
as more specifically set forth to a deed recorded at the Barnstable County Reg tarry E:
• :� of Deeds in Book 1257 Page 230.
For title, reference is made to deeds recorded with Barnstable County ;t
it v Registry of needs In Book 3539 Page 10 and Book 6355 Page 322. f:
EXECUTED as a scaled Instrument this It S day of MR� 1992.
hh �S JVI IN C.CNCNCV.P.C.
'j r•.♦, • ,1TTOgNCY T- W
11"W.—ST r
M"lf,CMv-TTf 0].7{ William J. Sc t
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,`i. --�.z�se+'r✓.-c v-7at�;!;c,.,^!.t�-n,^�".�. _— _.. �_ .......---+. 4. -C—�.�.�..yr_. �''
to
If
zu'.8023 131
COMMONWEALTH OF MASSACHUSETTS j t;
Barnstable,ss R Y 1992 ;s
Then personally appeared the above named WILLIAM J. SCOTT and I
r.
acknowledged the foregolnR Instrument to be/Is free act and ed, before me i tit
WK/ tL
� otary
My commission expires:�/�J ` ` Q 9� :Z �••, L ^'�� `
Ar
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! X)M C.CPENEY,PC, -
AnOw V-.tr
' YMYp.ttt MI1T. .
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00�MYIt// i
nl��ii�l+Ll, MAY 18 92
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4
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>s
in the
thence1Sontlnrtateily by said ditch and land formerly of said Snox seventy six and
al 6%10�( CO feet*to a 8talce; to 1 MI
thence North 13° 20' 00° West over the meadox and upland by other land of the grantors
I ' three hundred sixty and 8%10 (360.8)ifeet to a bound; Barnst
thence Northeasterly by aaid other land of the gr tore one hundred txenty txo (122)
feet�to first mentioned bound by the State Highway. Containing tx
theo acres,more or ].e::.
Included in the above description for clarification are txo parcels deeded by David surviv
MFrancis to these grantees by deeds dated Dec. 19,14119 and recorded Barnstable Deeds
Book 753 Page 156 and dated Dec. 6, 1955 and recorded Barnstable Deeds Book 528 Page %OVLiJl1
521.
The above described premises are a portion of the land conveyed by Alexander A. ?rand:: ,� Bar•
to David M. Francis by deed dated April 12, 1933 and recorded Barnstable Deeds Book
491 Page 553. dills
For our title see deed from David M. Francis to David M. Francis et ux, dated June
17, 1958 and recorded Barnstable Deeds Eook 893 Page 302. Barns t
M COM 0. VEALLTWOF
L ' DBE S; �X ��
` ► i ember
f.'FEE '64
• i i
t• _
........ XS�dCX 7OlRSE>C:
LA
bounds
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T
31 itnrsrt...PM'•RITands and seals this............26th,•..•..•• F b SOITTHI?
day of........S >Ll3Ty................i9..b�1.
�'�•�,1.(.' .../.; /... l.L.....\�.::1................
• • • SOUTHIJ
J NORTHE
................................................................................ ................................................................................
Ull¢ (Qatmn warlluariis NORTHEe
Barnstable ss February 26, 19 64 Said tr
Then rsonall appeared the above named +��ore or
pe y pp David M. Francis and Dorothy A, Francis
and acknowledged the foregoing instrument to be their free t and deed,before me
............ i�
N etary �.PUDHC i
Afy co,�mission expires i4ay„; '8; 19 65
ant righ
Barnstable, ss. , Received June 1$, 1964, and i.s recorded. shown on
of said
i
Co be us
i crawl o
install,
We, HELEN W. MaCLELLAN, of Osterville, Barnstable County, :+nd w�tlt
Massachusetts, being unmarried, and iJILFR D iJH1:L:LER, JR. , of it
.land now
Belmont, Mi un ddlesex Coty, Massachusetts, TRUSTEE under I Race Lan
DECLARATION OF TRUST of WHEELER REALTY TRUST, dated March 26, set fort
1953, and duly recorded with Barnstable County Deeds, each of Deeds in
the foregoing being the owner of an undivided Wone-half interest The
yy :�e
>> in WO land hereinafter described, for consideration paid, grant
'venty six and
to EMILgGUERTIN and ROSEMAR•IE GUERT•IN, husband and wife, both of �
of the grantors
Barnstable (Hyannis) , Barnstable County, Massachusetts, and the
txenty tlro (122)
� rto acres,more or less. survivor of them as tenants by the entirety, with QUITCLAIM
deeded by David
d Barnstable Deeds COVENANTS, a certain tract or parcel of laril situate in that part
ds Book 528 Page
!' r of Barnstable, Barnstable County, Massachusetts, known as Marston
exander A. -rancis
V able Deeds Book
Mills and shown on plan ent•itled "Plan of Land at piarstons Mills,
�}ux, dated June
Barnstable, Belonging to Wilfrid [nleeler, Trustee, and Helen W.
3
MacLellan and being a subdivision of Lot E on a plan dated Nov-
i .
ember 26, 1954", which plan has been drawn by T. H. Stegmaier,
Middleboro, Massachusetts, and is dated February 30 1.961, and is
70 duly recorded with Barnstable County Deeds . The said parcel is
bounded and described as follows :
• SOUTIiEASTERLY by a Private 47ay, as shown on said plan, a distance
aT.9.................19..b1t. I of NEW Ibundred (►300) feet;
"" "''"`......•""""•"' SOUTHWESTERLY three hundred thirty (►330) Leet, more or less;
..:.:.::......._.............. Y
NORTHERLY b the waters of North Cotuit Pond, a distance of
three hundred ninety (►390) feet, more or less; and
NORTHEASTERLY one hundred thirt five �135 feet, more or AMC
I
26, 19 6l1 Said tract or parcel contains an area of 1.6 acres, he the same
I ; more or less, according to said plan.
rothy A. Francis
I ,
before me
1
�i■Yi) - -
...... ..... .............
19
Ray:; 8; r 65 ! 'E'•he above described premises are conveyed with an appurten-
ant right or easement over the Pr-ivate [,lay 40 feet in width as
ecorded. shown on said plan running to and from Race Lane, only a portion
-3 of said Private Way being shown on the subject plan. The Way is
i
to be used. with others enbitled.. there.to or ail purposes of
travel on foot or in vehicles and with the additional right to
install, maintain, and replace utilities therein or thereover,
stable County, and with the further appurtenance of the pole line running over
i
IELER, JR. , of ! land now of Barnard on the northerly side of said Way adjoining,
EE under Race Lane, subject, however, to the limitations of such use as
''ated March 26, j set forth in deed to Barnard recorded with Barnstable County
• I
Deeds, each of I } Deeds in Book 839, Page 161.
ne-half interest j The premises are conveyed subject to the following
I
i
3.r1�
restrictions which shall be and remain in force for a periods•:
fifty (450) years from the date of this deed, said restrictions I.r '
being imposed for the benefit of the grantors, their
successors '
administrators, executors/and assigns and for the benefit oI t+
grantors' remaining land in the vicinity, which restrictions
�-
as foi- ows: tr
3
1) Not more than one single family dwelling house and appurCv:;
€ outbui4dings shall be erected or placed on said lot. The gar; �rx:
jerected and maintained pursuant to this re.str•ict-ion shall not ---
used as a habitat-ion except by a person or persons employed
an owner or occupant of the dwelling house to which the garal•s -
' is appurtenant. No further buildings shall be erected, plac:�•
or maintained on the said lot except that the dwelling may 1177
j a boat house appurtenant to it, which boat house shall be ac +
water's edge and shall not be used as a habitat-ion.
2-) The said lot may not be subdivided into any smaller units. BAR
but this will not preclude the owner from malting any line adj +
i
ments with his neighbor or neighbors, so long as the basic U.—
� and
I
I
I
of restricting the subject property to one dwelling is carried
out, and so long as the area is kept substantially as it is now.
3) No building shall be erected, placed ffor maintained on the sari
lot nearer than 2.5 feet to any boundar eluormlines, except
that the boat house, if any, may be at the water's edge. I 9arn
4) No mercantile, manufacturing or mechanical trade or business
shall be carried on upon said lot and no hospital or sanitarium IT
for the care of the sick, feeble-minded or insane shall he
established or maintained on the said lot. l{owever, notwitic-
standing any restrictions contained herein, a physician or
Christian Science pract-it•ioner may maintain a residence of�f�ice
jj[o—n-XtheVs-Wi7d lit.
wife,
5) No sewerage, waste or rubbish strall be dumped on Te p
n ren+isea'i
or in the on by any ower or occupant of any part of the
is:y s s
described premises .
I Loui
6) No livestock of any kind shall be kept or maintained on Chc I Rand
said premises except the usual household pets .
E
The premises are conveyed subject to unpaid real estate stab
taxes for the year 1964. P:CRTi
For title see deeds as follows: �?EAS�T
1. Deed of Marion Sawyer to Wilfrid Wheeler, Jr. , Trustee and bUT
Helen W. MacLellan, which deed is dated April 9, 1953 and record-
ed with Barnstable County Deeds in Book 839, Page 159; and �5E5T
fr•id Wheeler Jr. Trustee under Declaration of A11
2. Deed of Wil i•n D
Trust dated February 13, 1939, to Wilfrid Wheeler, Jr., Trustee S.R.
under Declaration of Trust dated March 26, 1953, which deed is Q.ith
recorded with Barnstable Deeds, Book 862, Page 556.
WITNESS our hands and seals this day of July, 1964.
ore for a pericd r•, i
d,I said restrict•i.cc::: c•J lh,uc. ..•-`_�
i
hHele-n2fq NMacUe;lllran I
ors, tneir heirs ,
�.
'for the benefit nL Wi11fr•i !141fe leer, Jr., Trustee I
I
which restrictions
- 3
�� f.Ct:k`OY':7L/,{,T}i OF}kiiAChiSi:yTii
house and g a :, �'ur C c• -
.�
' said lot. The g:n : ,r " �V. Z -1
tr•iction shall no
persons emploved
to which the garn; �
be erected, place:
th ed welling may ha::
house shall be ac ! .•
itation. COMMONWEALTH OF MASSACHUSETTS
any smaller uni.tc , BARNSTABLE, SS. July 7 1964
akfrig any Line ailili
ng as the basic r': Then personally appeared -the above named HELEN •W. MacLELLAN
and WILFRID WHEELER; JR., TRUSTEE and acknowledged the foregoing
instrument- to be their free act and deed, before me .
Notary.�ublcic
'llinl; is car."ri.ecl My commission ex
pi res T'�z^ e,i
ally as it is nc,�,'. I
ntained on
r lines, except '
er's edge.
9arnstable, ss., Received July $, 196t�, and is recorded.
-tr.adc c,r busin�:ss
tall or sani.tarJim .�•
pane sl- 11 he
wever, noLwith-
physic'an or
Yes•idence off,icc' Ire, Lawrence R. Sherman. and Eloise B. Sherm.n, husb:n6 ar,d
wife, as tenants by the entirety, of Denr,isl-ort, Barnetaule County,
ed on the premise::
part of tl}e I uassachusetts, i'or consideration iaic, grant to, James �. Blaic ana
Louise A. B'lais, husbana -na wife, ab tetiante by the entirety, oi'
ai.ntained on thr
Rando'1ph.,: basaachuse;t-ts, with �,ui.tclaim Covenants, •`tihe'"land, to'-
gether with the I buildings athereon, in Dennis at Denr.ievort, Barn-
' real estate
st1ble County, Massachusetts, b ound eaffancliffaescribed as follows:
TCRT•HERLY by land of owners unknown, rs ownWonjIlhere, nafter men-
tiored 11an, 125. 1 feet;
,EASTERLY by land in an Court Case 22889, as shown on £aid plan
89.23 feet;
r. , Trustee and SOL1i1 hL'Y by 'P.O. 5 on Baia Man, 70.00 feet, ana by ureeneeale
9, 1953 and recorc!- Lane, id.71 feet; and
age 159; and ';;tSTEitLY by Lot 3 on Baia l.lat}, 68.37 feet.
,, Declaration of A11 a6 ahown ae LOT 4 on s plan entitled "Subdivision flan of Land
ler, Jr., Trustee i•n Denniefort, ?lass., for Lawrence R. Sherman September 9, 1963,
3, which deed is S.R.Sweetser, Engineer, Dennielort, Mass." Saia 1;_lan being recor�ea
556. with Bprnetable County Registry of Deeds in Flan Book 161 page 93.
Sy;
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I, 1VI=LFHIU IYHL�LI;H, Jh., of tielrnont, iullddlesex County,
I
I
rilassachusetts, as T am 'lrustee unaei written liecl 'ion of
i
i
hrust, dated February 13, i9.3 and recordedINEVrit .ns•taule
County Ueeds, in HOOK 55-3, rage 4')9, by power coni•erred by s�:i•_
Trust lns•trument and every other powe for six Hundrec b'ii'ty
($650) llollars paid, grant ' HhC'TOr. A. riAVPMA and LILLlAN J. ,
XAVlhRv husband and wife; both Uf 550 y=est Street, heading,
m-,iadlesex County, Massachusetts, and the survivor oi' them as
i
tenants by the entirety, my undivided one-half interest in anci
to a certain parcel of land in that part Uf' the Tu�Vn of ;
i
Barnstable, Barnstable County, . a ssa.chusetts, called ,darst�ns '
f
mills. Scale l0U feet to an inen-, drawn by 'i'. H. utegmaiei•,
and dated 11/21/50, a copy nnexea to a aeea a
' of the other one-half interest 'n said property hereinafter f
described,Yrom Helen 1 o tnese g•rzntees, ana saia
i
i
deed is to be recorded coinci ent with the recording oi' this
deed. 'I+he said parcel Uf land may be bUunded ana aescriuea as
follovrs: i
i
SJUIHLAS1rhLY by away t enty (�qj meet vaine, a nis•tance
of tyro hundred fifty (2.5U) meet;
SUUI'nvv�5'1LhLY by remaining lane•. of Cnis grantor and
i Helen vu. lacLellan, one Hundred
I tvrenty-tV:o (i�2�) feet more or less; �
6t'iSTLhLY by the waters oi' worth �otuit fond, tyro
hundred nineteen (2i9) meet wore Ur
less; and
iVUnI'HP 1iLY by land Uf FUordon Johnson et I I two
hundred hirty-rive- (2=35) teet•, more
or less.
i
There is conveyed as apourtenant to the above described
1
arcel of land a righ ch a {
fight of way is or may customarily be .used along saia twenty i
i
20) foot way extended to liace Lane. Said right of way is to �'
i
e used for the usual purposes Ui' travel and in addition for
he installation, maintenance, repair and replacement Uf utilities
sed or to be used on the above described premises. These rights i
i
re to be used in common with others now or Hereafter tU be
f
l
t t �
i
granted similar rights in said way. i
•ty,
The premises are conveyed subJect to the following i
of
restrictions which shall rerna•in in force for a period of fifty
gable '' i
(5 ears from the date hereof, the said restrictions being
by s<:ic.
j imposed for the benefit of the grantor and Helen 'rv.WMacLeilan,
b'if'ty
p their heirs, successors, administrators, executors and assigns,
N J.
and t�or the nenefit of their rernainino land in this vicinity:
g,
{ 1. loot more than one single family dwelling house
! as and garage apptu•tenant thereto shall be erected
j on the premises described herein and file garage
i n aru: appurtenant to said ciwellino sYrall not be used
as a habitation except y a person or persons
employed by an owner or occupant o1' the dwelling
Hi(o a eiltto wlvlr6 nll-cliejFgarage is appurtenant. No
tons further buildings shall be erected, platen or
maintained on Xlsesi cept that the
aforesaid dwelling may navy a boat hnuse appurten-
ant to it, v�hich boat house shall not, however,
need be used as a habitation.
'; er 2. No build•in� shall be erected nearer than twenty-
five (�255) meet to any ooundary line except that the
salt ; hoot house may be at the waters edge.
i
his 3. iVo mechanical, .manufacturing or• mercantile trade
or business shall be cdriied on upon any of the
ea as = lots or parcels of lsna in said tract, and no
hospital or sanitarium for the care...of the sick,
' feebrle-minded or insane shall o established or
maintained upon any lot in said parcel.
stance +
However, notwithS- ',inb any restriction contained
i herein, a pwysician mad maintain a residence o1.fice
on said premises.
j l+. In the event tn� grantees or their heirs, adrninis-
trators, executors or assigns shall receive an
. WV offer for th e p urchase of the premises herein
r conveyed, or any part thereof, and should they,
oI their heirs, administrators, executors or
assigns, wish .to sell, the pre ises or the part
thereof nesired to be sold, snall first be
I'e offered to the grantor herein and Helen Ni.
:'AacLellan, their heirs, administrators, executors,
successors or assigns at tze same price and under
eo all of the s--,ae terms ann conditions for ch they
have received jFqVbona fide offer, ann the grantor
and Helen rr. MacLellan, their heirs, executors,
adrni�n`istr.ators, successors or assigns shall have
ty ten (10) days from the receipt of a written notice
descr'ihing the premises to be sold, and the price
to and alsl other terms and conditions, in which to
purchase said land or part thereof, before it can Be
r
or sold to anyone else.
es Howeve notwithstandiing the foregoing, the above
` required notice shais be suf�f�ici}e'nt i�f given by
rights mai�lTing, registered mail, to Helen W. MacLellan,
Main Street, Osterville, Massachusetts, unless
d
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7t
BOOK: P � #
346 ° a
Cqft It , 1-4,. - • • • �i��-�^.y�•u�• • OB
_, j�$F � i 7JR7 1 a' 1 -u" - 1 •n • ••• • 1 �7C7 VJ • •.
r .fit � ° ° ��'4i.1� • • '• 1 '11 'i.e�
a `fr• ° � e' ° 1A�'
,
waffim • - •• omoa3 S 1ll:Ci� L��I IL am
$°, • a m m MD 92§0AW (DR @IDM 9W
• @- o
n ap
i - �� -. (�•]tlA t� � � • --• .- - AID
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r I �' •s
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on 1
::occupant
iI e t
I aintained I
;pets. 1 i
I {state f j
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dated Febrtaar;,t
Barnstable I I
I
951.
Jr.
said
1951 _
NiBELEh,
I .
ing 1
I �
Barnstable, ss., Received June 25, 1951, and is recorded.
The-pith Pity Cent* Same Hank holder of a mortgage
c ; from * W. Dennett and eabeth Y Dennet
.
Jame 811 t
.e. .94, Q t r
to The Plyaonth Five Cents Savings Hank
I t dated July 200 1949 .
1 recorded with Harnetable County Deed*
Book 725 ,Page aclmowledge*satisfaction of the same
Jn ntttneon lu Preaf, the said
l � � Plreath Piw Gt�t* Sa�ial* Dank .
has caused its corporate seal to be hereto affixed and these presents to be signed in its name and behalf by 1
Walter H. lean* its treasurer this twenty-*eeand day of
June A.D.1931.
i -
ry, . _ PL21VM 7M CEM_94T
. �. g by
' • ..��* ..� , Dr _;,r,S:,,c:,ai•.an.:'i..dazs, •:rs:.fix ..a�
r�5v`a r
i
Boox7768 FACE 265
57145
I, Mary Lillian Xavier
i
of Reading, Middlesex County,Massachusetts, '
,
FOR NOMINAL CONSIDERATION
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grant to Mary L. Xavier, Trustee of the Mary L. Xavier Trust, under
Declaration of Trust, dated November 9, 1989 and recorded herewith ; P
I
of 550 West Street, Reading,
Middlesex County, Massachusetts
i-
with quttdalm roornants
is
the land In that part of the Town of Barnstable, Barnstable County, Massachusetts,
called Mnrstons Mills, and shown on a Plan entitled "STUDY PLAN. LAND AT Marstons
Mills. Scale 100 feet to an inch". drawn by T. H. Stegmaler. and dated 11/21/50,
ai recorded with Deed at Book 786, Page 341. The said parcel of land may be bounded
a and described as follows:
a
c SOUTHEASTERLY by a way twenty (20) feet wide, a distance of two hundred
fifty (250) feet;
I
m SOUTHWESTERLY by remaining land now or formerly of Helen W. MacLellan and
Wilfrid Wheeler, Jr., Trustee, one hundred twenty-two (122) i
yi feet more or less;
m
o WESTERLY by the waters of North Cotuit Pond, two hundred nineteen (219) I.
m feet more or less; and i
M
NORTHERLY by land now or formerly of Gordon Johnson et ux, two hundred
a thirty-five (235) feet, more or less.
m
There is conveyed as appurtenant to the above described parcel of land a right
of way for all purposes for which a right of way is or may customarily be used
m along said twenty (20) foot way extended to Race Lane. Said right of way is to be
m
used for the usual purposes of travel and in addition for the installation,
a maintenance, repair and replacement of utilities used or to be used on the above
a
described premises. These rights are to be used in common with others now or
hereafter to be granted similar rights in said way.
y
The premises are conveyed subject to all easements, encumbrances and re—
strictions of record insofar as the same are presently in force and applicable,
including such restrictions recited in deeds recorded at Book 786, Page 341 and
344.
Hereby conveying the same premises conveyed to Mary Lillian Xavier by Deed
dated September 23. 1987 recorded with Barnstable County Registry of Deeds,
Book 5973, Page 112. }k.
Xr: AAA J
i
1
I,li
r3 . 1 I T .
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Executed as a sealed Instrument this 9th i { day of November 19 89
.3`�jx• t
, .
IAN XAVIE
NARY L rL �6IE
R ..�
r „—w � .a
. .��� `ws �t ��%, � �dhe�ntoatuet1l�tef�Ssachu�eiLB
Ml MIDDLESEX, ee• November 9, 1989
(•,j Then personally appeared the above named MARY LILLIAN XAVIER r
lit
r1 y{
( and acknowledged the foregoing instrument to be her free act and deed, \,pr•
� i 'V Ate
Eil Before me •'IJ`,
ICE C. NIGRO o(myPuMie+
Iy commission expires MerCr Tt YU9f1
JI
t
4
Y j�/ ic'.; RECORDED NOV 25 9 1 °
rIV, .t,
.Y}
NGJ
I, MARION SA'rIYER, of Barnstable (0sterville), Massachusetts, holder of a mortgage : •
i irom HELEN W. MacLELLAN and WILcRID k-AMLER, J, .,.TRUSTEE
i
to me
f i
dated February 13, 1939, r
County Registry of Deeds
for recorded with Barnstable
ions '" Book 553 ,Page 504 acknowledge satisfaction of the same
fng
WITNESS IV hand and seal this day of June 19 51
,,p ........ .. .
R 1Sarion Sa%ryer
couimamuetat* Vt isaw"4uMIM
F.:.... Barnstable ss. June �Z 19 51
I
Then personally appeared the above-named W RION SAWYER �� •
i •
and acknowledged the forcgoing instrument to be
her free act and deed •�
- before me qq,�
� aery Pu i
My commission expires
,t 60 ty lip
Barnstable, ss., Received June 25, 1951, and is recorded.
Pon 3'
t ' Y I, HELEN W. MaCLELLAN, of:Barnstable '(Ostervill'e) ,
now
t' Barnstable County, Massachusetts, being unmarried, for considera
the w,
tion paid, grant to HECi'Uh A. XAVIER and LILLIAN J. XAVIER,
law. `
s husband and wife, both of 550 West Street, Reading, Middlesex
County, Massachusetts, and the survivor of them as .tenants by
'• `�,• the entirety, with QUITCLAIM COVENANTS,,.my undivided one-half
interest in and to a certain parcel of land in that. part of
the 'Town of Barnstable, Barnstable County, Massachusetts, called
sl. ..
Marstons Mills, and shown on a plan entitled "STUDY;PLAN. LAND.
-
__... at-i'darstons Pelhs:` Scahe 10'0 feet to ari'incFi�;d"raven.tiy T.H
Stegmaier, and dated 11/21/50, a copy of which plan is annexed
• '�' hereto and to be recorded herewith. The said parcel of .land
`• may be bounded and described as follows:
SOUTHEASTERLY by a Way, twenty (20) feet wide, a
distance of two hundred fifty (250)
feet;
a. SUUTHWESTERLY by remaining 'land of this grantor and
t Wilfrid Wheeler, Jr., Trustee, one
hundred twenty-two U22) ':feet more
or less• -
' WESTERLY. by the Waters of lrort)i Gotuito{td, sr
two �t}nded°uietQ� ,(219)ti �0 maar
ei
r a
p�Y{�a �`Yi9r^r
1
r
i
s- ;:rt �,� t',�'•;,,, •-•7.»� •���' f3dPt�df! fO�if15b13 �~ ,tt1N0
zi.
�.� : ; ��~ �� �` ' •df' legs. li
' t d tiV yed as g z� , ��•i� ppurtenant to t e above described I�i
Tr-n" forall
6 y p poses for which a right
customari y be used along said twenty (20)
y{t�.
#"' i��d a tbride to Race Lane, Said right of way is to be use
��` '� CfP1 ti$1 p poses of travel and in addition for the
x r�S, MW$t'�i1 �;i• tltsiiitenanc , repair and replacement of utilities
the ab ve,.�• de S cri ed premises. These
r�
sed in Common with others now or hereafter 6.
the ganted sim lar rights in said way.
The premises are co veyed subjec to the following real e
tr Ctio s which shall remain in force for a period of fifty
s h-fTdm the date hereof, the said restrictions being Sav�*er
ird tl9ed foi' the benefit of the
p grantor, and Wilfrid hee er, Jr., Leeds
;�, 'T4uateay and their heirs, successors, administ ators, executors, W
$ d $g5�gtisf and for the benefit of their remaining lan in this
than one single family wel ing house and
gai'gge appurt nant thereto shall be erected on
th�e premilses descriib and the garage
�Splii+teh ft to said we al no be used
hatiiTtation except by a person or persons
$mpldyed b� an owner or occupant of the dwelling arnsta
t u,e td wh Bch the garage is appurtenant. No
further buildings shall be erected, placed or
m stained on the said premises except that the
afor'"e�aid dwellring may
A have a b t t house appurten- n ac
ant to i, which boat house shall not, however, be
Used as a hatiirtation. nd dee
� � "2• Nb building shall be erected nearer than twenty-
�i a (�25) feet to any boundary $ine except that
the boat house may be at the waters edge.
No mChanical, manufactur g or mercantile rode
or business shaljl be carried on upon any of the
lot or parcels of land in said tract, and no
hds ital or sanitarium for the care of the sick,
' f�etils- nded or insane shall be established or
lltRintalfied Upon any lot in said parcel.
Ho$dV r notwithstanding any restr�c�tion on-
,� t�ih�d �ierein� a phgsician may maintain a rAsi-
rrs� ko cn sgid premises.
UiL2 fan
tees, dr hei heirs adminis-
f "�f j :•• °tiP cut ra or gssi�ns shalzl receive an
a v�yefl� dsanyrtetherehf,panaishauiartriiey, or
a
admit�irsttator j exe titors or a s
.. signs,
iiid$ ttl ss1+1, the premises or the pert the eof
tY :; s ;is�•r,°:. +.d d3tvu td tie ald� shalTl first be offered to
r ,,,:'�i •{$l�i�y�glL�ittl betdwilfri}d Whpeler� Jr Trustee, Bar
dt!' t tora� a ecut s} sutlC g or
#gttdFat a pri'ir'd
yt n9 ftf� Nam$ t$ j+�H$�►tl: rptle�'}ed n
=i id 'Vi � fiLLhU� gtlil Loi- 6IIY .i, �fl
$dl�) tffAth$'!.l!lt��'}���rrr+�d���ti tl1'9jjr►;<=`'••T ,,�;�-r-
ten (10) days From tha,'�,receipt of;`.e writteu�notice >
Q, - r K describing ,thg-premises to _tie sold, and the price '' t j
and all`other•'terms:.ar'pa'
d'conditions, 1n?:which_<to n„
ecrllied purchase 'said land or part thereof, pefore �t can be
r sold. to anyone el 'sg�
ch,aright However :.notwithstanding the foregoingi' thg above •
' re uireA notice,,shall'be',sufficient if:•given,,by mailing ;
(20) registered mail,. to7lelen C, dacLeiian,:=Main Street,
yto. be used Osterville; lassa'chusetts, unless otherwise notified
by the said.MacLellan.
e
5; No sewage, waste or rubbish.shall be dumped on-the
premises or in' the Pond by. any. owner or occupant'of
tilities
hese.... any part of the described premises. . .
,eafter { 6. No live stock-of any kind shall.tie kept or,maintained
: r. I on said premises except the ususal household pets.
is The said above described premises.are conveyed subject to
g real estate taxes for the year 1951.
of fifty
k,;. For my title, reference is made to a deed .to me.fr.om Marion . ;
being Savayer, dated February 13, 1939; .and recorded in the Regi,try of
eler, .Jr., Deeds for Barnstable County, in Book 553, Page 503.
_� 7•,;
xecutors WITNESS my hand and seal this day To iday, :1951:
���1. f 1
d• i21 this
`{ Helen' W. 14acLellan� J
}hand iuniy??� i
Q�S� E,�?•,.�
r' 4 COLUOi tALTH OF ;USSACHUSETTS e 'fr''o�?o �TtN
:tt �
ng �'. arnstaDle ss. W_,t
e Then personally appeared the above named HELEN 4Yt; Y a ��o
ten-
r nd acknowledged the foregoing instrument to be her 2`rs�d�"acts •
be `
. J: .: ,
nd deed, before me
t
'de
Notary Pub c
e F^ 3+ my commission expires p2i _/�S3
nip i
J. -or
Aa,
i.
steep rrt s Barnstable as, Reoelved June 25't 1851t and .1p r000rded.
por$�
f ✓tt� L�r 1
r K
y h t 4 , aa f ':.s £ r ..f 1 \. � ...�.^�,{y..�. �� �r ' xrt ,.;F,f.�t•:,j.•� {+.� 0 r
Qy�"'a •b ,n`3{ ,.' r ,. ., .p . 43'Sl C �1�,c ro9.e<;r Jr?,1�
;ry v { , i " x '.1' !,S A�.� ,X;Y
A � � !r i S' � t �+ � ! s> .
r G y,:. - kt: - ,t• iE�14 f. I.fa�). r sykl_j0 i'�..! ir,:d.T.} .c..�S a c Dx,.,...bni."y::'"lz'Yzr�;t•t�'>:2,Y. ,..s,;jt'k f:,J
Ya i3
I MARION SAWYER, of`Mancheate"r,{Hilleboroughr' k •
Trustee ,I
with *.
3 501 afore-
i County; State of New Hampshire, being unmarried, for con-,, '-
!
sideration paid grant to WILFRID WHEELER, JR., of Belmont,
it link
the shore Middlesex County, Massachusetts, TRUSTEE under DECLARATION OF
it and place
i
TRUST, dated February 13, 1939, and duly recorded with.Barnstab` e
3 above,two County Deeds, Book 553, Page 499, an undivided one-half
Vordon W. interest, and to HELEN W. 1AacLELLAN, of Barnstable (Osterville),
led with Barnstable County, Massachusetts, the other undivided one- '
id deed to half interest, with QUITCLAIM COVENANTS, a certain parcel ;
i
+edorded of land with any buildings and structures thereon, in that
341. part of Barnstable aforesaid called Marstons Mills; and
•?eby conveying, bounded and described as follows: ,
1
terest in the EASTERLY by a line drawn as an extension
northerly of the first course
Wilfrid hereinafter described to the
center line. of a private way
.ted February as shown on plan hereinafter
i described, a distance of twenty '
ds, Book 553, (20) feet;
i EASTERLY by Lot A as shown on plan hereinafter
described a distance of two hun-
ion Sawyer I dred ninety-three (293) feet more
i
,e no document-
or lass;
I SOUTHERLY, SOUTHEASTERLY, EASTERLY and SOUTHEASTERLY
is being ( again by the waters of Middle
Cotuit Pond; 3,080 feet more or less;
SOUTHWESTER LY .. .'... .by a ditch or channel and
m Marion land of Helen W: MacLellan;
i
In W. MacLellan, WESTERLY, N(R THNESTERLY, WESTE RLY, NORTHERLY and
NORTHWESTERLY again by the waters
of North Cotuit Pond; 2836 feet ' �
1953. i t EASTERLY by Lot B2, four hundred fifty-six ,
(456) feet more or less; and
. i
tQ�� �-.� EASTERLY again by an extension south, of• the
"r, Jr-, Trustee , previous course, a distance of
twenty (20) feet to the 'center
line of the private. way; and
NORTHERLY by the center line of said way, a
1953 ! t distance of five hundred and-,
n
j fifty-seven (557) feet more or
ad �lILFRID less to the northerly extension
of the line marking the first
going instrument course described herein.
i
With the exception, however, of those parcels or.
tracts within the above described lot conveyed previously
to Johnson and Xavier. See deed to Gordon W. Johnson at ux , ;; •s��
�T
dated November 18, 1947, recorded with Barnstable County r {4
9cember 17, 1959 %. `. .
Deeds, Book 684, Page 90; and deed to Hector A. Xavier at ux,
"" V"
,
dated May 31, 1951, recorded with Barnstable. County Deeds,;; h
Book 786, Page 341. : Also with the exception,of, s c onto pqa
+ecorded.
4 p
of the way conveyed to. acid Johneofi_an'd saiQ?�X' NIed..
i.
i
4 .and, intenip to coveLos`d; D and EMeaning
I �� • (not wholly'shown on said plan), together' with all portions
„ of the private way not already. conveyed under Lots.A, Bl, and
B2.
fI There is conveyed• as appurtenant hereto a right of
way for all purposes for which rights of way are or may customari-
ly be used over the private way as shown on said plan to be
used with others similarly entitled, .and there is specifically
reserved rights of way already;granted to._.others. by.this . Y.
{� grantor or her antecedents in title. '
a
;I I Said premises being shown (not -wholly) on plan
entitled "PLAN OF LAND OF MARSTONS MILLS, BARNSTABLE. Scale
100 feet to.an inch, January 23, 1953, Additions March 16,
195311, drawn by T. H. Stegmaier, Civil Engineer, Middleboro,
Mass., which plan is to be recorded herewith.
For my title see deed of Wilfrid Wheeler, Jr. to me
I c
and deed of Helen W. MacLellan to me, of even date and to be.' �.
•
recorded herewith. e'
The consideration for this conveyance is nominal and
therefore no documentary stamps are necessary.
j; WITNESS My hand and seal this 9 day of
i
i 1953.
'I Mar on Sawy
i
COMMONWEALTH OF MASSACHUSETTS
Barnstable,• ss. G 9 ► 1953
Then personally appeared the above named MARION SAWYER ".
and acknowledged the foregoing instrument to be her.free act
and deed, before me.
`*t: "_dill My commission expires ly�i��✓�
:Barnstable., ss.f Race ived.`April 13, 1953,. and is record'
t >