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KILROY & WARREN, P.C. 4
ATTORNEYS AT LAW
67 SCHOOL STREET
BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL
LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM
TELEPHONE (508) 771-6900
TELEFAX (508) 775-7526
November 19, 2001
Mr. & Mrs . Arthur R. Franco
51213 South Main Street
Hyannis, MA 02632
RE: Barnstable Assessors' .Map 207, Parcel 2 '574 51• ("19-111AI 19�1-
GTE✓
Dear Arthur and Gloria :
You have asked me to render an opinion on the buildability of the
above described Parcel 2 for single family residential purposes .
I understand that you need this letter to show to the Barnstable
Building Commissioner to confirm that the lot is not so buildable
in order that the Barnstable Assessors will reduce. their assessment
of the lot to reflect its non buildable status .
In preparing the opinion I have reviewed the following documents
(copies of which are enclosed) :
Plan in Plan Book 383 , Page 98 (Parcel 2 being a portion of Parcel
B thereon) ;
Plan in Plan Book 440, Page 83 (Parcel 2A thereon being a portion
of Barcel B on the plan in Plan Book 383 , Page 98) ;
Deed from your Brother, Nick, to you recorded in Book 5661, Page
252 ;
Deed from you to the Kervins of Parcel 2A described above by which
you reduced the size of Parcel B to what is now shown as Parcel 2
on Assessors' Map 207 recorded in Book 5994, Page 11 and
confirmatory deed in Book 9123 , Page 62 ; and
Landscape and Stairway Easement recorded in Book 9123 , Page 55
between you and your neighbor, Michael White, with sketch attached,
which. clearly shows that Parcel 2 has no frontage .
Parcel 2 'is ;in: an RD-1 Residential. zone requiring minimum frontage
of 20 feet- in order for the lot to be buildable . Parcel 2 has no
frontage and is therefore not buildable. In addition, the Courts
have clearly stated that lack of frontage does not present variance
conditions so, in, my opinion, you would not have a shot at a
variance to make the lot buildable.
Having considered the above materials, the relevant sections of the
Barnstable Zoning By Law and Massachusetts General Laws and .Case
decisions, it is my opinion that Parcel 2 is not a buildable lot
for single family residential. purposes nor is there a reasonable'
chance of obtaining a variance decision to create a buildable lot .
Ver tru l
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B e
ilroy
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°FVEro Town of Barnstable
Regulatory Services
vBAMASS. Thomas F.Geiler,Director
s659.iOIEDMA'�a Building Division
Tom Perry, Building Commissioner
200 Main Street, Hyannis,MA 02601
Office: 508-862-4038 Fax: 508-790-6230
May 7,2002
Mr.Arthur R.Franco
514 South Main St.
Centerville,MA 02632
RE:Assessor's Map 207 Parcel 002
Dear Mr.Franco:
I have recently become aware of your request for a determination of the buildability of your lot. I apologize
for my predecessor's failure to respond to you in a timely fashion.
In looking over the paper work and letter from Mr.Kilroy I would agree with his statement that this is not a
buildable lot. The reason for this is,I agree,the lack of frontage,among other things,but just this point
alone would make this property un-buildable.
I hope this letter clarifies your situation and if we can be of further assistance feel free to contact us.
Sincerely,
om erry
Building Commissioner
TP/AW
514 South Main Street
Centerville, MA 02632
November 28, 2001
Mr. Peter DiMatteo
Building Commissioner I ii' 9. C001
Building Services Division NOV
367 Main Street
Hyannis, MA 02601 By —— -- Y
Dear Mr. DiMatteo:
RE: Barnstable Assessor's Map 207—Parcel 2
With reference to the above property, I believe it would be impossible to build on this
parcel of land, as the size of the lot is no longer .37.
As you can see from documents recorded in the Barnstable Book of Records dated July
20, 1987 and, once again, on March 7, 1994 a section of Parcel 2 was given to Kathy&
Michael White to make their property(which abuts Parcel 2)buildable—thus,
diminishing the size of Parcel 2 to approximately .32.
Also, on the north side of Parcel 2 is conservation land. On the east side of Parcel 2 is
land owned by Joanne &Daniel Fitzpatrick. On the west and south sides of Parcel 2 are
easements (landscape,stairway, and parking) that go with the land. Documentation of
these easements is enclosed.
The parcel of land in question does not have the necessary minimum frontage or size, nor
does it have the necessary access due to the easements that are on the west and south
sides. These facts, I believe, virtually render this parcel "non-buildable".
I hope that you or a member of your department could view this property in the near
future. I believe this would aid in the evaluation and determination of your department
reassessing this parcel of land, rendering it a non-buildable lot, and thus adjusting the
escalating assessment of this particular piece of property.
Your prompt attention is certainly appreciated. Thank you.-
Very truly yours,
Arthur R. Franco
ARF:gf
Enclosure
COLLECTOR OF TAXES TOWN OF BARNSTABLE Issue Date: 10/31/2001
MAUREEN J.MCPHEE FISCAL YEAR 2002 REAL ESTATE TAX BILL Due Date: 11/30/2001
Commitment: 2002-01 P.O. BOX 1360 TC Bill Number: 101-
HYANNIS, MA 02601-1360 "
71
Please return this section of the Bill with'payment. Parcel ID: 207-003-002
Fire District: COMM
Amount-Due °':` $647:98
15734 Voluntary Scholarship Payment:
FRANCO,ARTHUR R&GLORIA A Voluntary Elderly/Disabled Payment:
514 SOUTH MAIN ST
CENTERVILLE MA 02632
Total Amount Paid:
02082082002400010171700000647982
! ! ! ! ! 4 Piense tear aionoµhd pe^oration and ^.ciude the aoove sect cn r ttz paymentit
_ _ F
Tax Rate Per$1000 FISCAL YEAR 2002 REAL ESTATE TAX BILL Issue Date: 10/31/2001
Class 1 Class 2 Class 3 Class 4 Due Date: 11/30/20011
Residential Open Space Commercial Industrial Notice of Real Estate Tax for Fiscal Year 2002
Bill Number: 10171
General $9.26 $9.26 $9.26 $9.26 Based upon assessments as of January 1 2001 your
Real Estate Tax for the fiscal year beginning July 1,, Parcel ID: 207-003-002
2001 and ending June 30,2002 on the following
District $1.38 $1.38 $1.38 $1.38 described parcel of Real Estate is as follows: Fire District: COMM
6.
[O---°wne nformatlon•0:, _ jPrapety�lnfarnation:
FRANCO,ARTHUR R&GLORIA A Parcel ID: 207-003-002
514 SOUTH MAIN ST Location: 9999 SOUTH MAIN STREET
CENTERVILLE MA 02632 Class: 1300
Acres: 0.370
' �� ectalAssessmen s� StA l�Tax�lnf�ormation ` j` �,
iUaluatons
Land Value for Class 1: 118,700 S/A 1: 0.00 '° General Tax: 1,099.16
Land Value for Class 2: 0 S/A 2: 0.00 District Tax: 163.81
Land Value for Class 3: 0 S/A 3: .0.00 Land Bank Tax: 32.97
Land Value for Class 4: 0 S/A 4: 0.00 Total Tax: 1,295.94
Total Value for Land: 118,700
S/A 5: 0.00 Total S/A: 0.00
Bldg.Value for Class 1: 0 Totaf S/A Int: 0.00 Total Tax+S/A: 1,295.94
Bldg.Va!L:e for Class 2: _ 0 Total S/A: -0.00- - ---- -
Bldg.Value for Class 3: 0 _
First Installment: 647.98
Bldg.Value for Class 4: 0 Ad uStinents ' Second Installment: 647.96
..�
Total Value for Bldgs: 0 Adjustment 1: 0.00 Net Actual Tax: 1,295.94
Adjustment 2: 0.00 Amount Paid: 0.00
Total Bldg./Land Value: 118,700 :Adjustment 3: 0.00 ,
Residential Exemption: 0 Adjustment 4: 0.00 Interest: 0.00
Adjusted Total: 118,700 Adjustment 5: 0.00 Fees: 0.00
Total Taxable Valuation: 118,700 Total Adjustments: 0.00 -Am0 ht'Due: $647.98
Please put your Bill Number on your check. To obtain a receipted bill,enclose a self- Mail Payments to: Office Hours:.
addressed,stamped envelope and both sections of the bill with your payment. If no receipt is
desired,please DETACH TOP SECTION and forward with remittance. If not paid when due, Town of Barnstable 8:30 AM to 4:30 PM
your tax amount is subject to penalties of interest,demand and fees. Collector of Taxes Monday through Friday
Interest at 14 per percent annum will be charged from the date of issue P.O.Box 1360 TC 367 Main Street
p P 9 Hy annis, MA 02601-1360 Hyannis,MA
to the date payment was received in the Tax Collector's Office. 508-862-4054
Taxes will be delinquent on 12/01/2001.
Abatement applications must be postmarked and mailed to the Assessor's Office,367 Main Street,Hyannis,MA 02601, no later than 11/30/2001.
"For more information regarding the Land Bank Tax,the Voluntary Elderly/Disabled Fund,and the Scholarship Fund,refer to the enclosed sheet.
* Visit our Town Website at http://town.barnstable.ma.us SEE REVERSE SIDE OF BILL FOR IMPORTANT INFORMATION!
,
FISCAL YEAR 2002 T This tax bill shows the ..mount of real estate taxes you owe for fiscal 2002 (July 1, 2001 -
June 30, 2002). The tax shown in this bill is based on assessments as of January 1, 2001. 'the bill also shows
betterments, special assessments and other-charges.
PAYMENT DUE DATESfINTEREST CHARGES: You may pay the total amount you owe in two payments. Your first
payment is due on November 1, 2001, or 30 days after the date bills were mailed, whichever was later, and must be at
least one-half of the tax and any betterments, special assessments and other charges shown. The balance is due
May 1, 2002. If your payments are not made by their due dates, interest at the rate of 14% per annum will be charged on
the unpaid and overdue amourIt. Interest is computed on overdue first payments from October 1, 2061, or the date tax
bills were mailed,whichever was later, and on overdue second payments from April 1, 2002, to the date payment is made.
You will also be required to pay charges and fees incurred for collection if payments are not made when due. PAYMENTS
ARE CONSIDERED MADE WHEN RECEIVED BY THE COLLECTOR. To obtain a receipted bill, enclose a self-
addressed, stamped envelope with your entire bill with'your payment.
ABATMENVEXEMPTION APPLICATIONS: You have a right to contest your assessment. To do so, you must file an
application for an abatement in writing on an approved form with the Board of Assessors. You may apply for an
abatement if you believe your property is valued for more than its fair cash value, is not assessed fairly in comparison with
other properties, or if a classified tax system is used locally, is not properly classified. The filing deadline for an abatement
application is November 1, 2001, or 30 days after the date tax bills were mailed, whichever is later.
You may be eligible for an exemption from or deferral of all or some of your tax. In order to obtain an exemption for which
you are qualified, you must file an application in writing on an approved form with the assessors. The filing deadline for an
exemption under Mass. G.L. Ch. 59, sec. 5, Cis. (17, 17C, 17C112, 17D), 18, 22, 22C, 22D, 22E, (37, 37A), (41, 41B,
41 C), 42, 43, or(52), or a deferral under C1.41A is 3 months after the date tax bills were mailed. The filing deadline for all
other exemptions under Ch. 59, sec. 5, is November 1, 2001 or 30 days after the date tax bills were mailed, whichever is
later. The filing deadline for a residential exemption under Ch 59, sec. 5C, if locally adopted and not shorn on your bill, is
3 months after the date tax bills were mailed.
Applications are timely filed when (1) received by the Assessors on or before the filing deadline, or(2) mailed by United
States mail, first class postage prepaid, to the proper address of the Assessors, on or before.the filing deadline, as shown
by a postmark made by the United States Postal Service. If your application is not timely filed, the.Assessors cannot
by law grant an abatement or exemption.
INQUIRIES: if you have questions about your valuation or assessment or on abatements or exemptions, you should
contact the Board of Assessors at 508-862-4022. If you have questions on payments, you should contact the Collector's
Office at 508-862-4054.
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KILROY & WARREN, P.C.
ATTORNEYS AT LAW
67 SCHOOL STREET
BERNARD T. KILROY P.O. BOX 960 BANKRUPTCY COUNSEL
LAURIE A. WARREN HYANNIS, MASSACHUSETTS 02601-0960 WILLIAM G. BILLINGHAM
TELEPHONE (508) 771-6900
TELEFAX (508) 775-7526
November 19, 2001
Mr. & Mrs . Arthur R. Franco
512B South Main Street
Hyannis, MA 02632
RE: Barnstable Assessors' Map 207, Parcel 2
Dear Arthur and Gloria:
You have asked me to render an opinion on the buildability of the
above described Parcel 2 for single family residential purposes .
I understand that you need this letter to show to the Barnstable
Building Commissioner to confirm that the lot is not so buildable
in order that the Barnstable Assessors will reduce their assessment
of the lot to reflect its non buildable status .
In preparing the opinion I have reviewed the following documents
(copies of which are enclosed) :
Plan in Plan Book 383 , Page 98 (Parcel 2 being a portion of Parcel
B thereon) ;
Plan in Plan Book 440, Page 83 (Parcel 2A thereon being a portion
of Barcel B on the plan in Plan Book 383 , Page 98) ;
Deed from your Brother, Nick, to you recorded in Book 5661, Page
252 ;
Deed from you to the Kervins of Parcel 2A described above by which
you reduced the size of Parcel B to what is now shown as Parcel 2
on Assessors' Map 207 recorded in Book 5994 , Page 11 and
confirmatory deed in Book 9123 , Page 62 ; and
Landscape and Stairway Easement recorded in Book 9123 , Page 55
between you and your neighbor, Michael White, with sketch attached,
which clearly shows that Parcel 2 has no frontage .
Parcel 2 is in an RD-1 Residential zone requiring minimum frontage
of 20 feet in order for the lot to be buildable . Parcel 2 has no
frontage and is therefore not buildable . In addition, the Courts
have clearly stated that lack of frontage does not present variance
conditions so, in my opinion, you would not have a shot at a
variance to make the lot buildable .
Having considered the above materials, the relevant sections of the
. Barnstable Zoning By Law and Massachusetts General Laws and Case
decisions, it is my opinion that Parcel 2 is not a buildable lot
for single family residential purposes nor is there a reasonable
chance of obtaining a variance decision to create a buildable lot .
VWar ,
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. OCT 30 9 aS IM YI .
SHEET 1 OF 1
£GISTRY USE ONLY -
.. FND ,
L6 ON
OWNER OF RECORD
ARTHUR ROBERT L GLORIA A FRANCO I HEREBY CERTIFY THAT THE PROPERTY ,
LINES SHOWN HEREON ARE THE LINES
IONWO CLASSIFICATION RDA BQ)�-0 G DIVIDING EXISTING OWNERSHIPS AND
•L THE ONES OF THE STREETS AND WAYS
FNO<`e" SHOWN ARE THOSE OF PUBLIC OR PRIVATE
- ASSESSORS MAP 207 PARCEL 3-2 d Q f STREETS OR WAYS ALREADY ESTABLISHED -
DEED SK 5661 PG 252 1� �Q% AND THAT NO NEW LINES FOR DIVISION
li r ` OF EXISTING OWNERSHIP OR FOR NEW .
m �Ca WAYS ARE SHOWN.
Gs
OCTOBER 28, 1987
PARCEL 2A B.tJ)\ - DATE PR SIONAL LAND SURVrYDR
8,658 sq./t �C0 B.
0.15 OerRe .y. -
N/F NICHOLAS D.FRANCO (UNREGISTERED)-L.C.NO.17951 1 CERTIFY THAT THIS PLAN CONFORMS TO THE
g FND CB DN 1978 RULES AND REGULATIONS OF THE REGISTERS
0 5A,508' ~ .OF DEEDS.
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Nj6��0
NBh�C�OKc. OCTOBER 26.1987
DATE PR OVAL LAND SUR YOR
A .
FND
CB ON
.NOTE: THIS PLAN BASED ON A PLAN-BY
N/F NICHOLAS D.FRANCO ELDREDGE ENGINEERING CO.INC.
DATED JUNE 26.1985 REVISED
m - - MAY 19,1988 AND JUNE 13.1986
AND DOES NOT REPRESENT A
SURVEY BY THIS OFFICE _
y, 59
N/F NICHOLAS D.FRANCO
L.C.NO.17950 1 1
. FND
Nn wn' oLsanvi Rr
LOCO PLAN OF LAND
aIN
.#.� BARNSTABLE, MASSACHUSETTS
s FOR
�) 'bb� NICHOLAS D. FRANCO
DATE 1057 I SCALE:1•-201
�•
.i AWN:PAL CKP. JOB N0. 1018
J
'1 / '/ 10 A K
/ i
Levy,Eldredge WD91IL7 ASswiQlA„IOG
r_was I E*_ L d."kabe. Ran L w 9m m
--tea FNW No xAu MAP - BB9 W"l Nair Sbat Cont-A.Ma 02632
" BOOKV66iNGE 252 24''1
DEED
I. NICHOLAS D. FRANCO, of Barnstable (Hyannis), Barnstable
County, Massachusetts
for consideration paid in the amount of less than One Hundred
I Dollars ($100.00)
tj grant to ARTHUR R. FRANCO and CLORIA A, FRANCO, husband and
wife, as tenants by the entirety, both of 512E South Hain
Street, Centerville, MA 02632
with QUITCLAIM COVENANTS
} !� an The land, together with g y i mprovements thereon,, situated in
i in Barnstable (Centerville), Barnstable County, Massachusetts,
more particularly described as follows:
�!I PARCEL B, as shown on plan of land entitled "Plan of Land
in Centerville, Barnstable, Mass., as prepared for
Raymond F. Sr., and Ederina A. Carroll, dated April 27,
1984, Scale: 1 in. = 20 ft., Eldredge Engineering Co.,
Inc.", which said plan is duly filed with the Barnstable
County Registry of Deeds in Plan Book 383, Page 98.
Together with the perpetual right to maintain, repair and
replace that portion of the tennis court, mainly located on
said Parcel B, now located on the premises described in a deed
! from James M. Rich to the within grantor dated November 13,
1986 and recorded with said Registry of Deeds in Book 5403,
is Page 30.
iL;I, •
�,I •. It is specifically understood and agreed that no right of way
over the land shown as LOT A on said plan is granted by way of
implication or otherwise.
�It For title, see deed from Raymond
ymond P. Carroll, Sr. et ux to the
?II within grantor dated April 3, 1985 and -recorded with said
Registry of. Deeds in Book 4876, Page 187.
Ip ..
Executed as a sealed instrument this 7" day of April,
' Nicholas D. Franco
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COMMONWEALTH OF MASSACHUSETTS
Barnstable, as.
I I._ April ,/t 1987
Then personally appeared the above named NICHOLAS D. FRANCO and
' acknowledged .the foregoing Instrument-to'Fe his free.act and
deed, before me, i f
c
4, T -�i. %.� Notary Publ}Ic
My commisson expires: 1,IS' y7
n_,. RECOCDED APR 13 87.
�T
4 DOOK5994 P E 011
734?99
DEED
J
We, ARTHUR R. FRANCO and GLORIA A.. FRANCO, husband and wife as
tenants by the entirety, both of Barnstable (Centerville),
Barnstable County, Massachusetts,
l for consideration paid in the amount of less than One Hundred f
i Dollars ($100.00)
i
i
grant to RICHARD C. KERVIN and LINDA L. KERVIN, husband and
wife as tenants by the entirety, both of 27 Old Toll Road, West
v Barnstable, MA 02668
t with QUITCLAIM COVENANTS
A certain parcel of land situated in Barnstable (Centerville),
i Barnstable County, Massachusetts, more particularly described
as follows:
i PARCE'L2A as shown on a plan of land entitled: "Plan of Land
i
—in Centerville Barnstable Mass. Being A Subdivision of
i Lot A Shown on Land Court Plan No. 17950A Revised Juno 17,
1986 Date: June 26, 1985 Revised May 19, 1986 Scale:
1 In. - 20 Ft. Eldredge Engineering Co., Inc. Reg. Civil
Engineers 6 Surveyors 712 Main St. Hyannis, Mass.", which
said plan is filed with the Land Court in Boston as Land
Court Plan 17950-C and which is more particularly described
in Exhibit "A" attached hereto and made a part .hereof.
1
Said premises are conveyed subject to and with the benefit of
all rights, reservations, restrictions, easements and other
f j matters of record, which are now in force and applicable.
Being a portion of the property conveyed to the within grantors -
I from Nicholas D. Franco by deed dated April 10, 1987 and
recorded with the Barnstable County Registry of Deeds in
Book 5661 , Page 252
i
i Hxecutod as a sealed instrument this,�,Oyf` day of Jul , 1987.
12
i Arthur R. Franco
Gloria A. Franco
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BOOK5994 HGE oil
COMMONWEALTH OF MASSACHUSETTS '
i 1
flBarnstable, ea. July 1987
Then Personall
y y appeared the above named ARTHUR R. FRANCO and
acknowledged the foregoing instrument to be his free act and
deed, before me,
4
lLtl��tQr t� �c'00#
Notary Public
My commission expires:
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BOOK5994 PrcE OD
EXHIBIT "A"
,., :.,.., Said Parcel 2A, being a triangular-shaped parcel and containing
1 , •,...:
6,658 square foot of land is bounded and described as -follows:
'x
Beginning at the northerly corner of said parcel at a
J. %;. I concrete bound;
Thence running S50'37110"E by land now or formerly of
Dale E. Crowder Trustee (L.C. Plan 16766A), sixty-five and
f 79/100 (65.79) feet to a concrete bound;
Thence turning and running S40'49'03"E by land now or
formerly of said Crowder, eighty-three and 02/100 (83.02) feet
to a concrete bound;
Thence turning and cunning S76.00'00"W by land now or
formerly of Nicholas D. Franco, fifty-four and 51/100 (54.51)
feet to a point;
Thence turning and running S56'00'00"W by land-now or
formerly of said Franco, forty-eight and 59/100 (48.59) feet to
a point;
N
Thence turning and running N00.26'34"W by Lot 2 on Land
Court Plan 17950C, sixty-four and 07/100 (64.07) feet to a
* concrete bound;
Thence turning and running N08.03145"W again by said Lot 2,
eighty-one and 67/100 (81,67) feet to the point of beginning.
RECOM OCT 26 87
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' BP%09123-0062 94-03-31 1,21 gf9$70
Confirmatory Deed
5
We, Arthur. it. Franco and Gloria A. Franco, husband and wife as tenants by
'Y the entirety, both of 514 South Main!-St., Centerville, Barnstable County,
Massachusetts 02632,
for consideration [),aid in the afiount of less than One Hundred Dollars ($100.00)
grant: to Richard C. Kervin and Linda L. Kervin, husband and wife as tenants �
by the entirety, both of 27 Old Toll Road, West Barnstable, MA. 02668 and all
those claiming byt Aihroughidr under them by instrument of record,
with QU111CLAIM COVI:NANIlS
I
A certain parcel of land situaf;ed in Bamstable (Centerville), Barnstable J
County, Massachusetts, more particularly described as follows sn
T
PARCEL BA as shown on a plan of land entitledi "Plan of Land ! }
In Centerville Barnstable Mass. tieing A Subdivision of �
D
Lot A Shown on Land Court Plan No. 17950A Revised June 13, �� [
1986 Dates June 26, 1985 Revised May 19, 1986 Scales
1 In. - 2.0 Ft. Eldredge Engineering Co., Inc. Reg. Civil
Engineers & Surveyors 712 Main St. Hyannis, Miss.", which _
said plan is filed with the Land Court in Boston as Land
Court Plan 17950-C and which is more particularly described (�
In Exhibit "A" attached Hereto and made a part hereof.
1 y
Sald premises are conveyed subject to and with the benefit of all rights, O
reservations, rostricti.ons, casements and other matters of record, which are z
now in force and applicable.
H. Being a portion of the property conveyed to the within grantors from
Nicholas D. F•Yanco by deed dated April 10, 1987 and recorded with the
Barnstable County Registry of Deeds in Book 5661, Page 252.
'11sis instrument is given to ratify and confi.nn a deed dated July 20, 19B7
recorded with said Deeds at Book 5994, Page 11.
Executed as a sealed insttrusmnt this 71h day of M h, 1994.
R. Franco
Gloria A. Franco
Conronwealth of Massachusetts
Barnstable, ss. March 7, 1994
Then personally appeared the above named Arthur R, Franco and Gloria A.
Franco and acknowledged the foregoing instrument to be thsbir free act and
deed, before me, _
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EXHIBIT "A"
„s Said Parcel 2A, being a triangular-shaped parcel and containing
. 6,658 ■quare het of land it bounded and described as follows3
*�=... Beginning at the northerly corner of said parcel at a
concrete bound;
Thenco running 850'37'10"E by land now or formerly of
Dale E. Crowder Trustee MC, Plan 16766A), sixty-five and
''t' 79/100 (65.79) feet to a concrete bound{
Thence turnins and running E40.49103"R by land now or
formerly of said Crowder, eighty-three and 021100 (83.02) feet
to a concrete bound;
c - Thence turning and running S76.00'00"W b land now or
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.__ formerly of Nlebolos 0. Franco, fifty-four and 51/100 (54.51)
feet to a point;
Thence turning and running S56.00100"W by land now or
formerly of said Franco, forty-eight and 59/100 (48.59) feet to
" 491 a point;
�M Thence turning and running N00.26'34"W by Lot 2 on Land
_ = Court Plan 17950C, sixty-four and 07/100 (64.07) feet. to it
�,. concrete bound;
Thence turning and running N08.03'45"W again by said Lot 2,
eighty-one and 67/100 (81.67) foot to the point of beginning.
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_;.,_ BARNSTABLE REGISTRY OF DEEDS
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SF09123-0055 94-0.3-31 1t21 N19869
TANDSCAPE AND STAIRWAY EASEMENT
This GRANT OF EASEMENTS is made this _ T day of t 4Aecli ,
1994, by and between MICHAEL WHITE of 60 Carla
Road, Hyannis, MA ("the Whites") and ARTHUR R. FRANCO and GLORIA A.
- FRANCO of 514 South Main Street, Centerville, MA ("the Francos") .
The Whites are the owners of a certain parcel of registered, land
shown as Lot 2 on Land Court•Plan No.; s17950-C..and further, described
in Certificate of Title No. 131
.Sro 1 , Barntable'Registry District
of the Land Court, and a parcel of unregistered land shown as Lot
M' . . 2A on a plan recorded with said Registry in Plan Book 440, Page 83
:--:'
(as described in a deed to the Whites .reoorded at the.Barnstable
w z County Re istry of Deeds in Book 8b'Of, Page 33 ) : r7��le 'Franoos
own an ad�oining parcel of registeraT land shown as Bon Land
Court Plan 17951-A, further described in Certificate of Title No.
' 106666, and an adjoining.parcel of unregistered land shown as. Lot
=r 1 'and Lot 2 on a plan of land recorded with said Registry.in Plan
Book 486, Pa a 76 (as described in a deed recorded in said Registry
in Book 46 IF page a S 1 ) . The parcels are shown on the, plans
attached hereto as Exhibit A and Exhibit"B and made a part of this
Agreement and are noted thereon as the White lot 2", the "White
4 ., .
3 - 5 ti lot 2A", the "Franco lot", and the "Franco tennis court lot"
lu For good and adequate consideration of ONE AND 00/100TH8 ($1.00)
is DOLLAR paid, Michael White (the "Grantors") do
v, hereby grpnt to Arthur A. Franco and Gloria , A. Franco (the
._r. "Grantees") with QUITCLAIM COVENANTS the. following �,Iandscape, and
stairway easementst ' 1 r
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7.t>wAfIGAPE ER SHENT.., . . .,.., !t, �.r:u..:,t, I 1 i l:•:. ,i.: : [ t , l .. :,, : ,Ir nl.
.,'.. .Lho.:anr:ival iZeP�• �. d4�vf. 1p��-: b�.�+U:,r�toiiev "d td;,.:, .:
The Grantors hereby establish a perpetual landscape easement"in'i t�e
area designated as "Landscape Easement" on Land Court Plan No.
17950C, for the mutual benefit of both the White lot and the Franco
; ..
lot, subject to the limitations and restrictions set forth herein. .
- *'•.�,p.'. 1 ,, r.r-t ::: �.t.Ul t .: y,lc ,tNl{,.Y•r.,t ,. f'C., P:�!f'
USEI GENERAL :, The ; area• designated as„within'; the, landscape
easement shall be used and maintained in keeping,with.the following
guidelines .
Within the landscape easement ggenerally, neither. party shall '
act or permit. others to. act in. violation of the following
S restrictions on,uset
° - A. There shall be no storage in the landscape easement area.;
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13. There shall be no buildings or structures whether of a
permanent or temporary nature constructed in. .the
landscape easement;
C. There shall be no signs in the easement area, except for
a house number sign for the Whites as reguirod by the.
- Town of Barnstable;,
-- D. There shall be no fen cea in the easement area,. except for
the split rail fence that presently exists; ..
E. There shall be .no dumping of any.•materials,• refuse,
_ trash, vehicle ,bodies,or,parts, rubbish,,. debris, junk,
firewood, waste, unsightly or offensive material. [:
USE IN aPECIFxC AREAS It is the intent of the Grantor. and,Grantee
that the landscape easement be divided into areas designated as 7,
_ "cultivated" and "wild" areas and shown , as such on Exhibit •A
attached hereto.
c
Within the "cultivated" area, if there is a need to restore
landscaping due to destruction or:damage from natural causes
(i.e. , storms or disease) , either party may, at their own
expense, restore or replace the load with a. comparable
-- species.
In the "wild" area, existing trees may, be cut, down and a
height limit may be, established. in a limited,-area of : the
easement for the purpose of maintaining a view for the Whites.
In both the cultivated and wild areas, the maintenance of said
landscape easement is to be the common responsibility'of both
the Francos and the Whites. This wild. include', but Inot be
limited to, : the raking,of. leaves, the -pruning of :bushes and
trees, .the clearing of branches and limb debris from natural.'
causes{S. and. the, annual;;replacement ;of lost,..blue stones And...,.,;
mulch in the' areas where they presently ekist.
0 TAT RMY EASEMENT,c.,., 'i':,.� i''t:L i,r.u: t.l„t.,i l,1 c,.:b. i 1,:.. t';1i11.
The, Grantors •establish <a-.! perpetual !,stairway Ii easement,efor,tithe
benefit of the Franco lot and the Franco tennis court-lot;, subject
to the limitations and restrictions set forth herein.
A. The grantors -hereby grant a perpetual+ stairway easement
for access to the Francos' tennis court, in the area
marked "Existing Easement", on Exhibit B (the area of the
existing stairs) , which access is to be used in common
.. with access granted to the Francos by the National Credit
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BFzU9123-UU57 84-0:;-31 1 "rl A] �263
i� union Administration and filed as Document No. 548816
with the Barnstable Registry District of the Land Court.
`- B. In the event that the Prancos or their. successors in
title lose the legal right to use the :current .easement
(referenced above) permitting access via, the. existing
stairs to the tennis court , granted to them by the
" .. National Credit Union Administration, the Grantors hereby;
grant to the Franoos the right to use the area marked
"Stairway Easement" on said Exhibit B for. an alternative
,.,t. access, . but , said ,easement 1 shall not,.be used: and,.no
stairways shall be built or other construction take place
in said alternative easement area unless the right to use
the existing easement. access is conclusively denied .to
the Franoos. The Whites reserve the right.to 'review .the.
�. plans and design of the stairway to be constructed within
�. the easement and to approve of same, provided however,
such approval will not be unreasonably withheld.
v'} With regard to both stairway easements, it is expressly agreed'
g.< herein that the Francos shall be solely responsible for any and all
coats of repair, maintenance, and/or construction thereon and shall
=` indemnify the Whites against any and all. liability arising from the
use of such stairway easements, except if caused by the Whites'
- negligence.
` •- RESERVATION OF RIGHTS 3
The Grantors reserve to themselves the right to-construct a twelve
foot (12' ) wide driveway across the "landscape easement" area in
the area shown on Exhibit A attached hereto together with a small
"turn-around" area in approximately the. same vicinity. (Said
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driveway and turnaround are indicated as such on said plan) .
The Grantors 'reserve to themselves the right.to construct a.parking
area and/or garage within the landscape easement in an.area of the
�' ,��y:1 easement marked "Garage" on said plan.
,Xl 11Y..:.V v+►t,esei ,�� yc 'ry .�
The Grantors reserve to''themselves the rig te'tb use the te� f�oP"err:
(10' ) wide right of,;way on the southerly . most portion of the
J _ White's lot as shown on said plan, as a secondary ,access to;the
proposed garage area. The Francos shall not block the Whites'
access across and/or over the. Way shown on- said plan by the parking
` of any vehicles .or, boats. nor use the area for. storage.,,including
>� storage of paints .or painting supplies.
;• The Whites reserve the right to disturb the northerly most "Way" on '
Land Court Plan 17950C and the easement area as .is 'reasonably
necessary for upgrade of septic-systems by the Whites if necessary .
ter._ in the future with agreement to restore said way and easement area
,�•t'' to a condition reasonably comparable to its condition prior to
-• construction of said septic system.
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Bp:O9123-0058 94-03-31 1121 419869
ENF'OFtC�MENT
In the event that either party to this agreement is aggrieved by
the actions of or permitted by the other party that party may at
their own expense following reasonable notice to the other, file
suit to enjoin or prohibit such action, and undertake any action p
allowed at law or in equity.
_ This grant of easement shall run with the land and shall be binding
on- and shall inure to the benefit of the, parties hereto, their k'
heirs, successors and assigns. 0�
EXECUTED as a sealed instrument th e day f 1994. t
MICHAEL WHITE, Grantor
ARTIYJ R FRANCO, G antes
0 IA A. FRANCO, Grantee
COMMONWEALTH OF MASSACHUSETTS
<: Barnstable, as. tit-Zp�'�1 , 1994
Then personally appeared the above named Michael White .
and acknowledged the foregoing instrument to be free
act and deed, before me
Notary ubl c.
My�.Commission.,Bxp�rest,,,,
3 �j1 00i 0
COMMONWEALTH OF.MASSACHUSETTS , I i ,.�,
Barnstable ee. M��c
i:11 ,1994
I. • . J 1.1...�.i.'. .•.I 1�11 •.1:1 ', I.'i:i. I .'3
Then personally appeared,.the ..above named Arthur R. .Franco • and
Gloria A. Franco and acknowleAged. the.,foregoing instrument to.be.
their free act and deed, before me J
Notary PuMc.
My Commission Expiress �gn�.�y 'go� 199a'
` CiFranco.Eas
pETFRUFREEMAKNoel Pt�s.. •
Jan 30,
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