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0111 CENTERVILLE AVENUE
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ArF. / 7 . t! �C l.�J•,trr',. tY3 '1 ',�. ,d ,f t key 1•,y t'f� �� 7 tJ i f�> !. �} `�• 1 t7 r !f t ., f ,1 ! .I.: ,/ q /r. •� r' R- m 1- .J �- Y 'ti' Y�,a lr r.N is �' ;,�' � � 9• •1� ':`J •r" 1. � r• U, j ( 'its: ,, ! 3'' ,t pt � t ,1�,,r ",1 f '% ,t '� d r': � . 3 f ,t a-t i t • �. p' �••Y Y:'.i' ''D 1' 1fi. %.F u !6, ,t.. ( 1 �f1 I' w�. fe� .� iF. ; I rIJ r' r I is l i ,r k%�F �r.Cv' t. t.. I! r , �{ d s i�, ,�yr,l. �L f: i SGHULZ LAW OFFICES, LLG THE SAMUEL ISHAM HOUSE 1340 MAIN STREET OSTERVILLE, MASSACHU"SETTS 02655-1542 TELEPHONE(508)428-0950 FACSIMILE(508)420-1536 ALBEAT J. SGHULZ MICHAEL F. SCHULZ aschulz@schulzlawoffices.com mschulz@schulzlawoffices.com April 18, 2018 Brian Florence Building Commissioner Town of Barnstable 200 Main Street Hyannis, Massachusetts 02601 �OVvNO Re: 111 Centerville Avenue, Centerville, MA 02632 �e��; �At " Dear Mr. Florence: I have examined the record title to the real estate located at 1 I I Centerville Avenue, Centerville ("Locus"), shown as Lot 13 on Land Court Plan 8993-C (Sheet 2) ("recorded plan"). See Exhibit 1. I have also examined the title to the parcels abutting Locus at 37 Jackson Avenue (Parcel 226, Map 130-002) and 20 Marie Avenue (Parcel 226, Map 132), from 1972 to present in order to determine whether any abutting parcels have merged with Locus for zoning purposes and/or whether Locus is a complying lot under the Town of Barnstable Zoning Ordinance. See Exhibits 2, 6 and 7. Based on my examination of the record title to each of the above parcels during the relevant period, I state the following: 1. The present owner of Locus is Brigita Rasys, under a deed from Thomas Rasys and Brigita Rasys dated December 19, 2005 and registered against Certificate of Title No. 178954. See Exhibit 3. 2. Locus is situated in an RB residential district, an Aquifer Protection Overlay District(AP) and Salt Water Estuary Overlay District. 3. Under §240-11 of the Barnstable Zoning Ordinance, the bulk requirements in a RB District are as follows: Minimum Lot Area (sq.ft.) 87,120 Minimum Lot Frontage (feet) 20 Minimum Lot Width (feet) 100 Minimum Front Yard Setback (feet) 20 Minimum Side Yard Setback(feet) 10 Minimum Rear Yard Setback (feet) 10 1 Page Maximum Building Height (feet) 30 See Exhibit 4. 4. According to a site plan prepared by EAS Survey, Locus contains approximately 13,629 square feet, and is conforming with respect to everything with the exception of Minimum Lot Area. See Exhibit 5. 5. Locus first became non-conforming with respect to Minimum Lot Area with the adoption of Article 122 at the Annual Town Meeting on April 5, 1972, which changed the district from RB to RC and Minimum Lot Area from 10,000 square feet to 15,000 square feet. 6. Locus has not been held in common ownership with the parcel at 37 Jackson Avenue from 1955 to present. See Exhibit 6. 7. Locus has not been held in common ownership with the parcel at 20 Marie Avenue from 1955 to present. See Exhibit 7. Based upon the above facts, it is my opinion that Locus is a separate building lot for zoning purposes. As always, please do not hesitate to contact my office should you have any questions. Very truly yours Michael F. Schulz Schulz Law Offices, LLC 2 Page EXIIIBIT I ............ ........ .............. 3 1 P a g e t 8993 C Vf Z �13 '�f���i .40•p0 c� W to • 16 _ a p0., a O• g 1� 99.OQ a• � m z n 40. b e. !QQ• p B• 2 _. o z W CV ev � o �' W G~ •tT e!4�-�Yi6 � GO c�V\ ':! - 2 all C. O S " IN C Vft IQ O� T. � � �• 1Q 0y'QO •�M � - ! b a a P NI QQ.p0 8• 59, 40 .40,00" ! 5 •40.00•• N 9" 59 40, 124,31 � WAY o _ ao � 3 �B v A yQ Itu U O b N a N N 103.12 ti 9 43.l2LQ a`'o lQQQO ! r O g0• E J 9 �2 a W tp N 10 � V PLP 'o• S £K 49'40" w W e D• (,Priroek) A V£. O� 61` yp N P,Y' 49' 40- E �S A4 sco% of this plan so feet to an inch EXHIBIT 2 Town of Barnstable Geographic Information System April 18, 2018 226073 226106 246021002 #177 0 226099 #17 a/ #25 226184 #557 226072 #186 #173 g 226185 Gib 226108 f# #567 ��o •�G #544 226071 #163 �%V 246022 , 226186 GQ`paG ?�77 #61 #575 t 226187 226178 A, #134 r #15 t 226109 . #619 5 #114 �26137 / FLIZ #160 �®� 226181 #100 226111 .,_ �. " tea 226180 #15 �. #94 Av 2 5's �, 26110 226115 226136 #84 �.� " #26 #5 226131 226114 226112 #19 2261300082 #6, 8 #37Ck- 41 .2612 22zsZvi4 a's 226125� #73 226130001 ' r t �J53 226135001 L2261:3 �/#29 3 226116 8 226126 #47 ¢ 226129 ` # 226124 #51 #15 a ®226118 s � C #22 226134 226179 #46 a #70 56 Feet #61�� ,�� ""� 226123 226119 226128001� � #25 #60 R - �` A #30 DISCLAIMERS:This map is for planning purposes only. It is not adequate for legal Map:226 Parcel:131 boundary determination or regulatory interpretation. Enlargements beyond a scale of Selected Parcel Owner.RASYS,BRIGITA Total Assessed Value:$194300 1"=100'may not meet established map accuracy standards. The parcel lines on this map - ` - E are only graphic representations of Assessor's tax parcels. They are not true property Co-Owner: Acreage:0.35000000 acres Abutters "' boundaries and do not represent accurate relationships to physical features on the map Location:111 CENTERVILLE AVENUE such as building locations. Buffer � EXHIBIT 3 • ' 1 Doc=1s022rS51 01-04-2006 I0057 Ct f*x 178954 BARNSTABLE LAND COURT REGISTRY Quitclaim Deed We,Thomas Rasys and Brigita Rasys,husband and wife,tenants by the entirety,both of Winchester,Massachusetts, for consideration paid and in full consideration of One and 00/100 U.S.Dollar($1.00) Grant to Brigita Rasys, individually, of 111 Centerville Avenue, Centerville,Barnstable County,Massachusetts with Quitclaim Covenants That certain parcel of land situated in Centerville in the County of Barnstable, Commonwealth of Massachusetts,bounded and described as follows: NORTHEASTERLY: by Centerville Avenue, one hundred forty and 74/100 (140.74)feet; EASTERLY: by a portion of Lot 12, one hundred three and 12/100 (103.12)feet; 7 SOUTHERLY: by Lot 11,one hundred thirty five and 49/100(135.49)feet; and WESTERLY: by a Way,one hundred twenty four and 31/100 (124.31) feet. 7 All of said boundaries are determined by the Court to be located as shown on subdivision plan 8993-C(Sheet 2)dated April 25, 1952, drawn by Bearse&Kellogg,Civil Engineers, and filed in the land Registration Office in Boston,a copy of which is filed in the Barnstable County Registry of Deeds in Land Registration Book 98 Page 84 with r Certificate of Title No. 13904 and said land is shown thereon as Lot 13. r The above described lot is subject to the restrictions set forth in a deed given by Theodore C. Hurd et al, Trs. to Thomas L. Bennett,dated August 27, 1902 duly recorded Book 276 Page 444, insofar as in force and applicable. d Said lot is also subject to the restrictions set forth in a deed given by John J. Pendergast o and Sylvia J.Pendergast to Mykolas Pakstys and Alisa Pakstys,dated December 3, 1955 (� duly recorded with the Land Court as Document No.46489. There is appurtenant to said lot a right of way;in common with all other persons now or hereafter lawfully entitled thereto,over the Ways shown on said plan. For Title see Deed recorded at the Barnstable Land Court Registry as Document No. 782116 with Certificate of Title No. 155214 No Title Examination was done in the preparation of this Deed. WITNESS our hands and seal this day of b „}�, . homas Rasys Brigita ys COMMONWEALTH OF MASSACHUSETTS Middlesex, ss. Dated: On this day ofJ2 C before me,the undersigned notary public,personally appeared Womas Rasys and Bngita Rasys,proved to me through satisfactory evidence of identification,which were driver's licenses,to be the people whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Pu i . My Com ssion Expires: MICHAEL F LONG NOTARY PUBLIC •`IM �on Ex4mES MAp+R 6.2409 �p.•• 0 'h ,�SAGMUbE BARNSTABLE REGISTRY OF DEEDS EXHIBIT 4 Town of Barnstable,MA Wednesday,April i8,2078 Chapter 240. Zoning Article III. District Regulations § 240-11. RB, RD-1 and RF-2 Residential Districts. A. Principal permitted uses.The following uses are permitted in the RB,RD-i and RF-2 Districts: (i) Single-family residential dwelling(detached). B. Accessory uses. The following uses are permitted as accessory uses in the RB, RD-i and RF-2 Districts: (1) Renting of rooms for not more than three nonfamily members by the family residing in a single-family dwelling. [Amended 11-7-i987 by Art.i2] (2) Keeping,stabling and maintenance of horses subject to the following: (a) Horses are not kept for economic gain. (b) A minimum of 2i,780 square feet of lot area is provided, except that an additional io,890 square feet of lot area for each horse in excess of two shall be provided. (c) All state and local health regulations are complied with. (d) Adequate fencing is installed and maintained to contain the horses within the property,except that the use of barbed wire is prohibited. (e) All structures, including riding rings and fences to contain horses,conform to 50%of the setback requirements of the district in which located. (f) No temporary buildings,tents,trailers or packing crates are used. (g) The area is landscaped to harmonize with the character of the neighborhood. (h) The land is maintained so as not to create a nuisance. (i) No outside artificial lighting is used beyond that normally used in residential districts. C. Conditional uses.The following uses are permitted as conditional uses in the RB, RD-i and RF-2 Districts,provided a special permit is first obtained from the Zoning Board of Appeals subject.to the provisions of§ 240-i25C herein and the specific standards for such conditional uses as required in this section: (i) Renting of rooms to no more than six lodgers in one multiple-unit dwelling. (2) Public or private regulation golf courses subject to the following: (a) A minimum length of i,000 yards is provided for a nine-hole course and 2,000 yards for an eighteen-hole course. (b) No accessory buildings are located on the premises except those for storage of golf course maintenance equipment and materials,golf carts, a pro shop for the sale of golf related articles,rest rooms,shower facilities and locker rooms. (3) Keeping, stabling and maintenance of horses in excess of the density provisions of Subsection B(2)(b) herein, either on the same or adjacent lot as the principal building to which such use is accessory. (4) (Reserved)['] [1] Editor's Note:Former Subsection C(4),regarding family apartments,was repealed 17-78-2004 by Order No.2005-026.See now§240-47.1. (5) Windmills and other devices for the conversion of wind energy to electrical or mechanical energy,but only as an accessory use. (6) Bed-and-breakfast. [Added 2-20-i9971 (a) Intent: It is the intent of this section to allow bed-and-breakfast operations in larger older homes to provide an adaptive reuse for these structures and, in so doing, encourage the maintenance and enhancement of older buildings which are part of the community character. This use will also create low-intensity accommodations for tourist and visitors and enhance the economic climate of the Town. By requiring that the operation is owner occupied and managed,the Town seeks to ensure that the use will be properly managed and well maintained. (b) Bed-and-breakfast,subject to the following conditions: [1] The bed-and-breakfast operation shall be located within an existing, owner- occupied single-family residential dwelling constructed prior to 1970 containing a minimum of four bedrooms as of December i,i996. [2] No more than three bedrooms shall be rented for bed-and-breakfast to a total of six guests at any one time. For the purpose of this section,children under the age Of i2 years shall not be considered in the total number of guests. [3] No cooking facilities including but not limited to stoves,microwave ovens,toaster ovens and hot plates shall be available to guests,and no meals except breakfast shall be served to guests. [4] The owner of the property shall be responsible for the operation of the property and shall be resident when the bed-and-breakfast is in operation.The owner shall file an affidavit with the Building Commissioner on an annual basis in the month of January stating that the property is the principal residence of the owner and that the owner is resident all times that the bed-and-breakfast is being operated. If the affidavit is not filed,the operation shall cease forthwith and any special permit issued shall be considered null and void.The requirement for filing of an affidavit shall not apply to bed-and-breakfast operations legally established prior to October 1,i996. [5] The single-family residence in which the bed-and-breakfast operation is located shall be maintained so that the appearance of the building and grounds remain that of a single-family residence. [6] If the property is not served by public water,the applicant shall provide evidence to the Zoning Board of Appeals that the proposed use will not have any detrimental impact on any private water supply on site or off site. [7] No parking shall be located in any required building yard setback, and parking areas shall be screened from adjoining residential properties by a fence or dense plantings, not less than five feet in height. Parking areas may be permitted in front of the house, not within the required building front yard setback, provided that the Zoning Board of Appeals finds that the spaces are designed and located in a manner which retains the residential character of the property. Grass overflow areas may be utilized for parking, provided these are maintained with a grass ground cover in good condition. [8] The special permit for the bed-and-breakfast conditional use operation shall be issued to the owner only and is not transferable to a subsequent property owner. This provision shall only apply to bed-and-breakfast conditional use operations established in residential districts. D. Special permit uses.The following uses are permitted as special permit uses in the RB, RD-i and RF-2 Districts,provided a special permit is first obtained from the Planning Board: (1) Open space residential developments subject to the provisions of§240-17 herein. E. Bulk regulations. Minimum Yard Setbacks Minimum Maximum Minimum Lot Lot Minimmum Building Zoning Area Frontage Lot Width Front Side Rear Height Districts (square feet) (feet) (feet) (feet) (feet) (feet) (feet) RB 43,5602 20 100 203 to 10 30' RD-i 43,5602 20 i25 303 10 10 30' RF-2 43,5602 20 i50 303 i5 i5 30' NOTES: ' Or 2 i/2 stories,whichever is lesser. 2 A minimum lot area of 87,i20 square feet is required in RPOD Overlay District. [Added 10-26-2000] 3 One hundred feet along Routes 28 and i32. E XHIBIT 5 NOTES: 1) LOT LINE INFORMATION WAS COMPILED FROM LCP PLAN 8993-C, CENTERVILLE BENCHMARK: ABUTTING PLANS, ROAD LAYOUTS AND DEED INFORMATION. TOP OF VATERGATE - -- ITS RECOMMENDED THAT A PLAN SUITABLE FOR RECORDING AT THE 'DEL=13.01 FR REGISTRY OF DEEDS BE PREPARED. P - �/�/ 2) ELEVATION DATUM NAV88. TRANSFERRED FROM RM17 AND CONVERTED RED LILY FROM NGVD TO NAV88 POND BENCHMARK: LOCUS G TOP OF MAGNAIL L.LI I / 7 13 48 �C -- �' V N LAKE '�w f1fHh( 14 \ �CC� ___ 13.0 ELIZA TH g'a 4 <f I _— - D. R i.a —— 13 \ AIGVILI.E BEACH 1 12.0 � _ � R io --- CR e o' 12 I O [��TMI ns� lie �12.0 s ,300, - LOCUS MAP s.4.s IN / LOCUS INFORMATION V F o0 ; 0 / PLAN REF: CLCP#TF# 8993C SH.2 (SEE NOTE) rn I i Q // /e/ / 15 CB SE7 I � 1Q.$' Po�r P TM3 i ry /( ) TITLE REF: CTFg 178954 U I I - �- 12.0 of °�% PARCEL ID: MAP 226 PAR. 131/WIND ZONE: "S' EXPOS III U i LJll.8* -S-s 1�00 N Ory/ ZONING: "RB""/SWEP SETBACKS: 20'-10'-10" I N TR/POU FLOOD ZONES: "AE" BFE=12.0 & 0-2%OTHER "X"" - T W ;�/P COMMUNITY PANEL: 25001CO564J DATED:07/16/14 Q / 2p2 36.0" Q 14 T�k 7�;� ''- o o= SITE & SEPTIC PLAN i 25.8 PROPOSED �J/ v \ 22.0' n ?7 Q LOCATED AT: / ---- -- --- - 3-BEDROOM rn O DWELLING o 111 CENTERVILLE AVENUE 3 PROPOSED N / CENTERVILLE, MA. 1 112 DRIVEWAY SLAB=15.5' TOF=17.0' / 1 / 11.2X 35.2' PREPARED FOR ¢ zL - 6a.o' 16 / BRIGITA RASYS o O LOT 12 I�17 z 7 I I O 1-- -- ^' SEPTEMBER 23. 2014 I I/ (V 0 15 I i N O CB/(SET) 14 13 M N N I ty N I � O I S/5'3;?"4p„ v1 E LOT 13 AREA=13,629t S.F. NEIGHBOR'S UPOLE SHED LOT 11 135.49 CB/(SET) E.A.S. SURVEY, INC. 141 ROUTE 6A GRAPHIC SCALE SALT POND BUILDING 20 o to 20 'o ao P.O. BOX 1729 LEGEND: SANDWICH, MA. 02563 12- - EXIST. CONTOUR ( IN FEET ) 13 PROP. CONTOUR BUS:(508)888-3619 CELL:(508)527-3600 1 inch = 20 fL. - SHEET 1 OF 2 Jy1686SP EXHIBIT 6 D1B 1llIf�P II CIII of (Quitrluiut �rpi3 JOHN J. PENDERGAST ST UX TO SIMAS MNTRIAAS ST UX I I Registry 19 �jfs�y at........... ichakawl miuuh> m. 0._ ) J 1957 Received and entered with RECEIVED FOR NECISTRATION .................11eeds AT -� 1-.0'CLOCR---//7Jm�-O-... p>< ..--.._.__._. .... ry!.lQOM CUuh<�TE No.iLO..1..6 S Book. hip- Attest: ` Register. MUM 'mL UI'i:io; m., Paul M. Swift Attorney at Law Hyannis, Macs. NO."a W...h.ANC FUSLI.N-.S+.�MO•.O L...L fO.r. F'urw 882 �. CA �� �3 We, JOHN J. PENDERGAST and SYLVIA J. PEKDERGAST, husband and wife, as joint tenants and not as tenants by the entirety, both of that part of the Town of Barnstable ]mown as Centerville, GQ Barnstable County,Massachusetts, 4stioax Koe)uM for consideration pail,grant to STAVAS MNTRIMAS and HEDWIG MNTRIMAS, husband and wife, as tenants by the entirety, both residing at 251/York Avenue, Newark 5, New Jersey, New EA: With quttdatut caucamats thelandin said Barnstable (Centerville), bounded and described as follows:- lv'wiption and eacumbi.ncar,it..,I LOTS 10 and 12 as shown on Land Court Plan 8993C, Sheet 2, filed in the Lana Registra on Office in Boston, a copy of which is filed in the Barnstable Registry District. There is granted as appurtenant to each of the above described lots a right of way in common with the grantors and all other persona now or hereafter lawfully entitled thereto over the Ways as shown on said plan. Subject to and with the benefit of the matters set forth in Certificate of Title No. 12791, insofar as the same are now in force and applicable to the granted promises. Being a portion of the registered land as shown on Certificate of Title No. IMP, Land Court Case No. 8993, Barnstable Registry District. Each of said lots is hereby conveyed subject to the following restrictions: First: That no dwelling house shall be erected upon the land hereby conveyed costing less than twelve thousand dollars ($12,000.00) which sum may include the cost of building a cellar on said land. Building shall be of Cape Cod or ranch type style, with garage. Second: That only a one family dwelling. house shall be erected on the lan hereby conveyed, and only one house shall be erected on any lot. The exterior of such dwelling house shall be approved by John J. or Sylvia J. Pendergast, their heirs or assigns, but the allowing of any building to be completed shall constitute a waiver of any rights to prevent the completion or erection of said building. Third: That the front line of any house erected thereon shall be set back not less than twenty (20) feet from the street line. No building with the exception of a garage shall be erected within twenty (20) feet of the sidelinos of any adjoining lot. Fourth: In the event the grantees, their heirs or assigns, ehall be desirous of selling the land hereby conveyed, and shall have a bona fide offer for the purchase of said land, such grantees, their heirs or assigns, shall offer in writing to sell said premises for such price to John J. or Sylvia J. Pendergast, their heirs or assigns, and the said John J. or Sylvia J. Pendergast after being notified by regis- tered mail, shall have forty-five (45) days option to purchase for such price. Notice to be mailed to Centerville, Massachusetts. In case said John'J. or Sylvia J. Pendergast, their heirs or assigns, shall not elect.to purchase within said forty-five (45) days, such grantees, their heirs or assigns, shall be free to sell said premises to any one, free from this restriction. This restriction shall .not apply to a sale under a power of sale in any mortgage. This restriction shall remain in effect until July 1, 1975. 1 • InJi�iduWl—Joint Tm.nts—Tenant. in Commcm—TSnots by the Eotircq. Fifth: Any fill from the cellar excavation not used in the grading of the lot shall be placed in a designated spot on the Wainwright Estates. Sixth: In the event the said Lots 10 and 12 are used in combination as one lot, these restrictions shall apply to them as one lot. ' Ii� �i51�IFK�7X14�QitQ:AtAc�p ���EX�lel�iflF�I162WS a and seals this...... ..__�_7__ `dayo( __Se tember „__ 1956• i I) 7Z1756 a =zOJC O. tZ!}e �nptmnnutralil� of $ianaprtnuutta Barnstable, ss. September i7 ig 56 Then personally appruired the above named John J. Pendergae t end Sylvia J. Pendergast and acknowledged the foregoing instrument to be their free act astd deed,before me . Norm Puali<—jL1Z flLtjX" r-(,� i, to.s G r (THE FOLLOVIN(;IS NOT A PART OF 1HE Dt.1.11,AND IS NOT TO BE RECORDED) CHAPTER 18., $ELTION 11,GENERAL LAWS A deed in substance following the form entitled "Quiklaim Deed" shall when duly executed have the force and eHcct of a deed in fee simple to the grantee, his heirs and assigns, to his and their oan use, with covenants on the pan of the grantor, for himself, his heirs, exnutors, administrators and successors, with the grantee, his heirs, successors and assigns, that at the time of the delil'cry of such deed the premises acre free from all encumbrances nude by him, and that he %ill, and his heirs, executors and administrators shall, warrant and defend the same to live grantee and his heirs and assigns forever against the I—ful claims and demands of all persons claiming by,through or under the grantor,but against none other. 3'7''1216 103824 o rncn F n--4 -4 —M `" m mo, rn rn r; v� Ln I Simonas Rontrimas and Redwig Tontrimas t ul <5 Jackson Avenue, Barnstable (Centerville), Barnstable County.Massachusetts to consideration of FORTY-FIVE THOUSAND AND N0/100 ($45,000.00) Dollars i ° COMMONWEA!TH Of 1A.A';a�7!'JSf'f' rent to K o OCIti'tl- I _ 0 2. 6 0 !S TADEUS2 DOMANSKI, of 195 Savin Hill, Dorchester, KA 02125 With QUlttJSlW CDtlerlantS the land in Barnstable in the County of Barnstable and Commonwealth of Massachusetts ( bounded and described as follows: SOUTHEASTERLY by Jackson Avenue, one hundred four and 80/100 (104.80) feet; SOUTHERLY by Lot 10, ninety-eight and 41/100 (98.41) feet; WESTERLY by a portion of Lots 11 and 13, one hundred forty-three and 12/100 (143.12) fee; and NORTHEASTERLY by Centerville Avenue, one hundred forty-three and 83/100 (143.83) feet. Said land is shown as LOT 12 on said plan. All of said boundaries are determined by the Court to be located as shown on subdivision plan 8993-C (Sheet 2). dated April 25, 1952, drawn by Bearse c Kellogg Civil Engineers, and filed in the Land Registration Office at Boston, a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 98, Page 84 with Certificate of Title No. 13904, and said land is shown thereon as LOT 12. There is appurtenant to the above-described lot a right of way in common with all other persons now or hereafter lawfully entitled thereto over the Ways shown on said plan. Said lot is subject to and has the benefit of the restrictions referred to in Certificate of Title No. 13537, insofar as the same are in force and applicable; and to the further restrictions set forth in Document No. 52,979 from which this -c these tatter reet.;rrinne shall Ceriifiedce is ianueu'. -. ... -------- remain in effect until JulyL1, 1978. For our title see Certificate of Title No. 20965. Executed as a sealed instrument this llth day of October 19 85. Simonas Rontrimas _ /brlv+�4'S 4s eedwig Kontrimas I ) the q;vm=nfoealth of 16962tchuGM9 Barnstable 's October 11, tV 85 Then personally appeared the above named Simonas Rontrimas and Bedwic Rontrimas and acknowledged the foregoing instrument to be their f a deed. I Irjore nr. � �xtirxxkfht>lktt' My couissioa ex 19 U0552 "TS -1997 rr . n x _ © co C r 0-0n .V rnr+. . c 0 - c a E v L' auwrdr�anterre aurrnn[a oear Maar roar parrvrourW set ;,6d-uaa DomanaKi the owner in fee sinple of 15 Jackson Avenue, Centerville, Barnstable camty,Maawcbusetn beta mtnan'ed,for consideration pp&+4+d,and in full eoosideration of Seventy-six t no u s e nd, five nunired dollars (476,500.00) grantsto Terry Kenyon and Breda Kenyon, husband and wife as tenants bye entirety of 45 Appleton Street, Boston, MA 02116 with 4u1 MIX (MISatsia thelandw Barnstable, village of Centerville, MA 02632 in trio County of Barnstable and Corrdonwealth of Pass Behusetts bounded and described as follows: MnaipLim and muabmos,d'ql SOC162ASTERLY by Jackson Avenue, one hundred four end 10/100 (104.30) feet; SCJTrSRLY by Lot 10, ninety-eight and 41/100 (98.41) feet; WESTERLY by a portion of Lots 11 and 13, one hundred forty-ttaree and 12/100 (143.12) feet and NORTHUSTERLY by Centerville Avenue, one hundred forty-three and 33/100 (143.83) feet. BRING LOT 12 as shown on subdivision plan 9933-C (Sheet 2) dated April 5,, 1952,7rawn by Bearse t Kellogg, Civil Engineers, and filed in the Land Registration Cffice at Boston, a copy of which is filed in Borne- table County Registry of Deeds in Land Registration Book 33, Page 94 with Certificate of Title No. 13901. There is appurtenant to said land a right of way in common with ell other persons now or hereafter lawfully entitled thereto over the Ways shown on said plan. Said land is subject to and has the benefit of the restrictions referred to in Certificate of Title No. 13537, so for as the same are In force and applicable; and to the further restrictions not forth in Dor.ument No. 52,97d. Restriction No. 4 of these letter restrictions shall remain in effoct until July 1, 1973; and to the rights granted in an easement given to the New England Telephone % Telegraph Company at al, dated February 20, 1973 being document No.171,714; and to a taking of Centerville Avenue by the Town of Barnstable, dated April 6, 1970 being Document No. 137;710. And it is further certified that said land is under the operation and provisions of Chapter 135 of the General Laws, and that the title No. 103324 of said Tadeusz Domanski to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned In Section forty-six of said Chapter, which may be subsisting. . Nitseta ,I, _6aad a�d seal thu--.3Qth..............day of_ "Its Sr ii 4. 4 [- _.......... __........-...._. .___ _ ......_.... ®/ fig a"Mmmaq of AWMAMus Barnstable a. October 50,1936 Ilea personally appeared the above named Tadeusz Domenaki and admowledged the foregoing instrument to be his free Mt and deed,before rile N-q —1ai6ra of the Peue_ lyarewLakaa*- October 171: "1+D (eladiridwl—Joint Tartarus—Teoanb in COMM.) CHAFM 181 SRC.f AS Alm BY CHAPM 07 Of 190 E.ar deed pamted for mmcd,hail metaia at hne w400d v=it the ha awe,neid"m rd Pdrr,fee ddna of die$ o" sod a rodW of tLe enrol, of the fua maidm,0ae dmof 10 Jagn or the mum of the odor ae 4&mtlm cedar.U aor de3imm Ear a i&deoeehq IM IU tall maddmem iea arm dY low price for fe axer dedur3ao Per cep Hmr or rwaod b toe I..ar teams Anma All w3 adorrmrore red daduie tMll is te11 W r Pert d doe deed. Niure to aomplr eldh d is=tIm idl apt alfed the vehft d mW died.Na P*W of*A&H amp a deed far—Wba ed- it it io domplima rich dbe ragdd[sms dt(this nrtia. l of aj EXHIBIT 7 1+614.8-8-- Btmtt Farm at (i�uitrlaim brad JOHN J. PENDERGAST ET UX 3 TO 1 ALEKSANDRAS SLEPAVICIUS ET UK l 119:11JEO fOR.AstRATiON , AT._. _..O'CLOCK•..; M 19. t Nlrti leas, looAl ,�vnd Ok vls- ► at_ o'clock aut___..minutes_._ r Received and entered wiffi__. _ t nook.....__-__ -rage...........____._ • Attest: a --- -..............------ -- Repeter. t I FROM THE OFFICE OF '• Paul M. Swift 3 Attorney at Law Hyannis, Maas. Noah a WA*MN.INC. P"jouts"aW aTmo**D La"L rDa.a DOaTOM • MASS. I Form 882 1 t a _ � -JOHN r. PENDSRGAST and SYLVIA J. MM OAST; husband and wife, as joint tenants and not as tenants by the entirety, both of that Part of the town of Barnstable known as Centerville, i of Barnstable County,Massachusetts, i hL%VXmwaw'rd;for consideration paid,grant to ALEKSANDRAS SLEPAVICIVS and OLGA SLEPAV?CIOS, husband and wife, as ten ante by the entirety and not as joint tenants and not as tenants in cotmnon, both residing at .250 Columbia Road, Dorchester, Suffolk County, Massachusetts, witp Ap{ii1W4�atwYa+tiA the land in said Barnstable (Centerville), bounded and described as followa:- iD—i,tia...d w Wbr. cs.it all LOT NO. 11 as shown on Land Court Plan 8993C, Sheet 2, filed in the Land geegi-atration Office in Boston, a copy of which is filed in the Barnstable Registry District. Tbara.I& granted as appurtonaat to the above described lot a right of way in common with the grantors and all other persons now or 41 hereafter lawfully entitled thereto over the Ways as shown on said plan. Subject to and with the benefit of the matters set forth in Certificate of Title No. 1,791, insofar as the same are now in force and applicable to the granted premises. Being a portion of the registered land as shown on Certificate District. Title No. 13,537, Land Court Case No. 9993, Barnstable Registry y Said lot is hereby conveyed subject to the following restrictions: First: That no dwelling house shall be erected upon the land ..V.VVJ .."V0.9r,V NVOYlIIr, 1C00 tllall V,.tl1.b LlluLLnaull dullare ('1G,003.00) V which sum may include the cost of building a cellar on said land. • Building shall be of Cape Cod or ranch typ..atyls with garage. Second: ^That only a one family dwelling house shall be erected h on the ati ereby conveyed, and only one house shall be erected on any lot. The #Zterior of such dwelling house shall be approved by John J. or Sylvia J. Pendergast, their heirs or assigns, but the allowing of any building to be completed shall constitute a waiver of W. rights # to prevent the completion or erection of said building. Third: That the front line of any house erected thereon shall be set back not less than twenty (20) feet from the street line. No building with the exception of a garage shall be erected within twenty (20) feet of the sidelines of any adjoining lot. Fourth: In the event the grantees, their heirs or assigns, , shall be esTrous of selling the land hereby conveyed, and shall have a bona fide offer for the purchase of said land, such grantees, their heirs or assigns, shall offer in writing to sell said premises for such price to John J. or Sylvia J. Pendergast, their heirs or assigns, and the said John J. or Sylvia J. Pender oat after being notified by regia- tared mail, shall have forty-five (15) days option to purchase for such price. Notice to be mailed to Centerville, Massachusetts. In case said John J. or Sylvia J. Pendergast, their heirs or assigns, shall not elect to purchase within said forty-five (45) days, such grantees, their heirs or assigns, shall be free to sell said promisee to any one, free from this restriction. This restriction shall not apply to a sale under a power of sale in any mortgage. This restriction shall remain in effect until July 1, 1978. Y Fifth: Any fill from the cellar exoaastticn not used in the grad- ing of I Seot shall be placed in a designated spot on the Wainwright Sstatea. t � 4 i 3 t y i ' a ,i Mm �R �. �Ilners emu* F,�d a and Kal a u.f __day of---Dec ember J __l9 55. ....-..... __ ._Y._.. 'P g/ • C k i E s Barns table, ss. Deoember 19 55 , Then personally appeared the above named John J. Pendergast and Sylvia J. Pendergast i and aefmoa•ledged the foregoing instrument to be their r cl and deed,before me - r _...._.._.—..... H.bq PutJY— it a q � (THE FOLLOWING IS NOT A PART OF Tii F.DEED,AND IS NOT To US R=XDLM) CHAPTER 183,SEcrIOA 11,GBr ERAL LAWS w A deed in substance following die form entitled ,Quitclaim Deed" shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, avid, covenants on the Part of the grantor, for himseli,his heirs, executors, administrators and successors, with tiv grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free front all encumbrances made by him,and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all Persons chiming by,through or under the grantor,but against none other.. �i. s • ii i . 293540 . j C NJ a ' I a . a _ 4 O a � J W11iAWWuru"IMLAtm Date&&,CRT room .,, No. Aleksandras Slepavicius and Olga Slepavicius, husband and rife, both of 48 Seaboard Lane, Hyannis, Barnstable b,:rrg mwarried, for eonside:ation paid,and in full consideration of Eighty Three Thousan(I � 8 ,000.00) Dollars, ansto Gerald, Tucke and Catherine Nl,Tucke, husband and wife ti: T�-,.a ),T, icy E)-TARE7/, County, rassac►..Bett�, Of 20 Fairview Avenue, North Chelmsford Middle's ex/'A'tt► vtttldim coUe a's , 1=x,tlo that certain parcel of land situate in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and described as follows) IDncnpuon end m<urrbriA.es,3 any) WESTERLY by a May, one hundred twenty-five (125) feet NORTHERLY by Lot 13, and hundred thirty-fiver and 49/10o (135.49) feetl EAS11'ERLY by a portion of Lots 12 and 10, one hundred (100) feet, and SOUTHERLY by Lot 9, one hundred thirty-six and 02/100 (136.02) feet. All of said•bounde^fee are determined by the Court to be located as shown on subdivision plan 8993-C (Sheet 2) dated April 25, 1952, drown by Bearse k Kellogg, Civil Engineers, and filed in the Land Registration Office at Boston, A copy of which ie filed in Barnstable County Registry of Deeds in Land Registration Books age 84 with (Book 98) Certificate of ' Title No. 13904 and said land is shown thereon as LOT l l e The above described lot is subject to restrictions as set forth in a deed et ennett dated Auguetv27,b1902eduly recorded Book 1276 Page o444o insofar mas L. Bas the same are in force and applicable. Said lot is also subject to the restrictions Bet forth in Document No. 46,488 Barnstable Registry District from which this Certificate is issued. There is apputtenant to said lot a right of way, in common with all othsr persons now or hereafter lawfully entitled thereto, over the Mays shown on said plan. For Sellers' title, sea Certificate of Title No. 18667. ' Wittirso 04r hand; and seals this..14th day of ...April...., .... f/19 82 It ec ilhe�amu;onluettltll of>Qit1s0nrW1t119 Barnstable, as. April 14. 1982 Then personally appeared the above named Alskeandras and Olga SlspavieiuB and acknowledged the foregoing instrument to be their free as and deed,before the I)iaitry R40tt1,, """'bhc—Jmticr:t:.`.rParr u,cuerun,.,00 emwry April 15, to 88. (01ndividual—Joint Tenants.-Tempts is Common--Ttoanls by the Entirety.) CHAPTER 113 SEC.s AS AMENDED SY CHAPTER 497 OF 1%9 Fvtry deed premeW fm record that' A"ie m As.e ettadw"d UPON it the full lame.residew eed you dlite nldrm,t the are+,.r ,nt a reeittl of the emoeel of the fall(ON Alma(is Afters art tht Mutt of the other 17etadeetrae 11wwor.:t&A lthleml", A 4p fic m,q,etary wm..Tlw fud coesidetari.N tAtll stem the 10W prim for &eoa�efuae nibDw dedatim fw eq 1AW w m .urnbrancet nrwned by the aomee or euteitieg thtnae AU nth tedoee®eah fed tectttl,"M be irmW m put Lv&A im.; F,rlure to comPl7 with thu ratan SWI ON affect the V"17 Of eN,.le.d.No agmm..f h.i"U alc,pt s deed ter m,Udrea unI it is incon,plisece with the re�quinamNy of SW pc" i of 8UUj r DEPARTMENT OF PUBLIC SAFETY—DIVISION OF FIRE PREVENTION 1010 COMMONWEALTH AVENU�..80sTON tar .�T...I CERTIFICATE OF COMPLIANCE � CHAPTER 1481 SECTION 26F, M.G. L. This Certified that the property located at P� O� e' has been equipped with approved smoke .Y J j detectors and was found to be in compliance with rhnpr_Rr. 148 Sectior 26F, Kassachusetcs General Law. 41"s Inspection/Testing completed on: �r/ L`� 1 Bv: In or Fee Paid: Chief Farrinrtor Head of Fire Department (Seller's Copy) f10C�i7G.3i:'1 UU-20-9�t C�U:�U i=TF#:I S4444 PHRIISTRHLF LAID COURT REGI:;Tf Y We Gerald C,Tucke and Catherine M.Tucke,husband and wife of 3350 North Key Drive,North Fort Myers,Florida are for consideration paid,and in full consideration of one and 00/100($1.00)DOLLAR,grant to CATHERINE M.TUCKE TRUST,deed of trust dated April 13, 1999,recorded herewith The land situated in Barnstable in the County of Barnstable and Commonwealth of Massachusetts,bounded and described as follows: Westerly by a Way,one hundred twenty-five(125)feet; Northerly by Lot 13,one hundred thirty-five and 49/100(135.49)feet; Easterly by a portion of Lots 12 and 10,one hundred(100)feet;and Southerly by Lot 9,one hundred thirty-six and 02/100(136.02)feet. All of said boundaries are determined by the Court to be located as shown on subdivision plan 8993-C(Sheet 2)dated April 25, 1952,drawn by Bearse& Kellogg,Civil Engineers,and filed in the Land Registration Office at Boston,a copy of which is filed in Barnstable County Registry of Deeds in Land Registration Book 98 Page 84 with Certificate of Title No. 13904 and said land is shown thereon as Lot 11. Said land is subject to restrictions as set forth in a deed given by Theodore C. Hurd et al,Trs.to Thomas L.Bennett dated August 27, 1902 duly recorded in Book 276 Page 444,so far as the same are in force and applicable. Said land is also subject to the restrictions set forth in Docket No. 46,488. There is appurtenant to said land a right of way,in common with Zi all other persons now or hereafter lawfully entitled thereto,over the Ways shown on said land. For title see Certificate of Title No.88379 dated April 14, 1082, 0 91 N WITNESS our hands and seal this L T4f- day of Aug 999. Ci Gerald C. ucke Catherine M.Tucke COMMONWEALTH OF MASSACHUSETTS MIDDLESEX,SS. AUGUST 'f,1999 Then personally appeared the above-named Gerald C.Tucke and Catherine M.Tucke and acknowledged the foregoing instrument to be their free act and deed,before me, a o� Notary Pubic My commission expires: 2, q-ay i, .ty BARNSTABLE REGISTRY OF OEM* y�T I . . . The Town of Barnstable KAM Department of Health Safety and Environmental Services i 059. Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner July 29, 1998 Brigita Rasys 334 Harvard Steet#k 6 Cambridge, MA 02139 RE: Buildability of 111 Centerville Avenue, Hyannis (226/131) Dear Ms. Rasys, Thank you for submitting the necessary documentation for the above lot. The information has been reviewed and it was found that 111 Centerville Avenue, Hyannis, is a pre existing non conforming lot and therefore a buildable lot. The subject lot was held in separate ownership from the abutting parcels (132 and 130-2) within 5 years after the zoning change of 2/28/85. Should you have any questions, please feel free to call. Respectfully, Ralph Crossen Building Commissioner k Xt �, -l ca, r _T_1� Cad-�-w --k.4) MA t MOM lot Ga \ .fy, r. �+�.. Fy �a1 1' } �ro5 S`./ ,a f.�.• �C n. low 9...".i � ��" s '.,.%::.*.. ..;.s taw •1 L.• ", �u.. u" i�<—,�' FT,.�'+...' �{ ,.k`,� `.S �~r �. n„f ,t'y �,,,..: r. �t...�} S �'_i° fi„F �• 1 g, �4-_� `� ; �:✓... �si_f �V'+ ?`t y r�'; , "n' 4 y. ty l' ,<f` it...-.".'^ � 'y ,{t.J'-. .,�;? tl• .mv.^ J'. . � nP � �.'�� $';'n n�f` 4 tlki'wr �1 � � �3 l�j;N•�� y.�? Y �. > r r s { .rt h, a ro">.c �e +''k `•ti:.. .� a"t. ;'1.A ,�s 'R �`' , n yj c's i `wd..t �!"'ar°i s c.�•..:•'� t...ws'w . rod/'...,,..w `�.t t"}. « t ?a '� 1. fi '; - y � '�`.'�1+.rf•..,�,+� .� '-}'' ��.1 � kI'� i > r,! _� r.� e..,,i���P 5:w�� ..r' e} r. ^ f l ✓ h. .. M i '; r�){j r j:ti s i �..� k �'- '.�� %9,.M y"', `'•.., t T ...� `a dj vy' ;v6 r,.,3t ASSESSOR'S MAP 226 - SCALE �- IN FEET ioo o 10C 1227124 _ �/ 1 x E ESEK 4 58 207 22 206 226 24c F, it 8 „ Xb a \✓ 1 �' -�+ �' \ 42 ' % 7 205 225 24. Q 102- / �� i tax ^ j oil At ,rW - Dr `.\ i 1 77 ° �y 1: IT +( oar 1 \ / . € ,3a 2Eo; \ k 10_ 7 �.a�N. \ I . s� aD Ate' 7 ,: `/-ti' �/ _ i `92 r : r \ `\ UK, .. : A. x. / 6a 81j/ o.nx/ \\o7rx . fEE. r' enx �� a \_/ �0 :aox r '' ' ` ' tr 1Q0\ 1 O/ 14,9...: r os - .n/ 91 94 jr e,<. '�ls �. .. as y �\ 106 1' t 871[: 0,. ;� ;•, 'a °99x .r y , 'e�i onx ..�.0 ...`„ �uE �E' ( se" ar,� sss7 f 108 aux x �PAR 59 0.0 auit 4.>.. t€E 1 �j�� is � .I;r aet73 a / it ���i� � a �,�V � �/ �,.� ��� �\� •,� 94 �. 71 172 p 65Eht�x ' ,f r 15 ( o a omx C q / fir' x 195 / 23 wox 44112�15f ,' v - / ni ne Q \\ Fle 23 o7ex , .; � d 137 h---_ --� E, : our\3.31 Gn 4irs i s Y 1810 y0 '2S K'k lc onx ;G 11 e \ y \�` `/�� `> .�\ •.,t.. / {e r+ E� '' ,� a _1 _� 131 �e x Q /••�ea. '`� / Ash 4 5 �� _.� '�., " ���x` �k�` � •���/�' ::s_ -- 1 rlu 4 � %` 'f ant y Tf.yan,�x WAY + r sx o x "9 4 + E _ 2M. in \ aux i 511a 1 OAK 25 v4 old£ 124 116 J.W ..Mx��:' 3 /: t , �zyr ., .� #` a .0 r• io; »• f tin 1 -- � ' iv!" \ E \ \ 12e ;II�<, Y'-� •�-C __ \: 19` �S7 Oat € r� 9 s� a + 1 _ •1 tux 2 �20-'' nr t 0 F .t. •� , l 1 =-- ra o 7 anl[ al \ r , y ,✓ 3.60 135 ROAD S2IO19 � r 15 i li / aNx140-3 i oar` �, \r :v� �, i7N ` 146-2 153 1 \ \ m ith` 155 1 \ 140-4 \ onx ' ax \ t - s I \ rn< \/ 7•._-,°.., 145 148 �. -�� la '• ;.J J 146-1 rD I,. anx \\� 9' 2- 140-5 2` ` // :G. i opx I 1 U aN 1.75x 0.371 \\% / 4 ;f^i " 147 140-6 i al a, 3 16 r s :eet l J vl - i 28 43 fA a -' u, 8� o ; r 3 �: a»x t ? , Pbs 0 Pq _ .55 i 1 1, µx - 2 SIC .aaC f,. :i In :t67 i +en 31 ltox;ux 7nx r y;, 1 j,, seu sx Q, ' '` n. �~✓ oa r. i 21x �'c=,.- v j .. QUERY PROPERTY: QUERY END QUERY PROPERTY PENTAMATION----------------------------------------------------------- 07/29/98 PARCEL ID 226 131 GEO ID 13640 LOT/BLOCK DBA PROPERTY ADDRESS OWNER PAKSTYS 111 CENTERVILLE AVENUE MYKOLAS & ALISA PAKSTYS HYANNIS 54 HAWKTREE DR WESTWOOD MA 02090 PHONE DISTRICT CO DEVELOPMENT STATUS C ASSESSOR' S CODE CAPACITY(NOTES) ZONING DIST/ZOC RB SEWER SYSTEM FLOOD PLN/ELEV. WATER SYSTEM OKH? ## BEDROOMS ZBA DECISION FAMILY APT LOT SIZE 15246 OPER/MGR NAME WET LANDS MULT ADDRESS USE 130 PROTECT DIST (N) EXT / (P) REVIOUS / NO (T) ES / PER(M) ITS / (V) IOLATIONS / (G) EOBASE / (E) XIT I of Aaswr4wth DEPARTMENT OF PUBLIC SAFETY-"'D[VISION OF 11 FIRE PREVENTION 1010 COMMONWEALTH AVENU BOSTON C,! 07 (City or Town) (Date) QJ, CERTIFICATE OF COMPLIANCE CHAPTER I481 SECTION 26F, M.G . L. TG- �iGL This Certified that the property located at has been equipped with approved smoke detectors and was found to be in compliance with Chapter 148 Section 2EF; Massachusetts w General Law. Inspection/Testing completed on: / y/ � 19oZ By: ---Ingof or Fee Paid: Chief Farrington Head of Fire Department 7-77 (Seller's Copy) I i MASSACHUSETTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 881 r� v We, Aleksandras Slepavicius and Olga Slepavicius, husband and wife, bothrw of 48 Seaboard Lane, Hyannis, Barnstable Copy,Massachusetts, being=married, for consideration paid, and in full consideration of Eighty Thr a Thousand %8rt�s'to00.00) Dollars, Gerald C=Tucke and CatherineM Tucke, husband an wife " County, Massirchusetts, Of 20 Fairview Avenue,, North Chdlmsford Middlesex/with Auk ftatm rournants doftsida that certain parcel of land situate in Barnstable in the County of Barnstable and Commonwealth of Massachusetts, bounded and- described as followso FDescription and encumbrances,if any] WESTERLY by a Way, one hundred twenty-five (125) feet NORTHERLY by Lot 13, one hundred thirty-five and 49/100 (135.49) feet EASTERLY by a portion of Lots 12 and 10, one hundred (100) feeti and \. SOUTHERLY by Lot 99 one hundred thirty-six and 02/100 (136.02) feet. -. All of said-boundaries are determined by the Court .l , to beocated as shown on subdivision plan 8993-0 (Sheet 2) dated April 25, A1�52v drawn by Bearse & Kellogg, Civil Engineers, and filed in the Land Registration Office at Boston, a copy of which is led in Barnstable County Registry of Deeds in Land Registration Books age. 84 with (Book 98) Certificate of -Title No. 13904 and said land is shown thereon as LOT 11e I The above described lot is subject to restrictions as set forth in a deed given by Theodore C. Hurd et al, Trs, : to Thomas L. Bennett dated August 27, 1902 duly recorded Book 276 page 444 insofar as the same are in force and applicable. Said lot is also subject to the restrictions set forth in Document No, 469488 Barnstable Registry District from which this Certificate is issued. There is apputtenant to said lot a right of way, in common with all other persons now or hereafter lawfully ";,entitled thereto, over the Ways shown on said plan. For Sellers' title, see Certificate of Title Noe 18667, ". Mtttrss our handl3 and seals this..l�4...... day of .... ............ .................19........ April 82 ty qg ¢ gj. }g € R r i# ] rx k3a 3Fd'ur " xp 9 wM� Ri / 8 PPd o� �xnwgfe""�*�45��Ey'� 34 ,�b... • --- ;f ; x MIA,man_ � 7 N s,P,r y7��Gf�J .............. .................................. ........................ ........................................... �yU 4. 11Yr �otnmonwraft4 of Sttsss 4nortts Barnstable, ss. April 14, ' 1982 Then personally appeared the above named Aleksandras and Olga Slepavicius and acknowledged the foregoing instrument to be their free act and deed, before me ✓ ;�' � ,7 i /`J �' 'j ... (anow arq Public—Justice of the Peace Dinitry G. R My commission expires April 15, 19 880 (*Individual Joint Tenants—Tenants in Common—Tenants by the Entirety.) CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor,if not delivered for a specific monetary sum. The full consideration shall mean the total price for the conveyance without deduction for any liens or en- cumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed. Failure to comply with this section shall not affect the validity of any deed.No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. (THE FOLLOWING IS NOT A PART OF THE DEED, AND IS NOT TO BE RECORDED) CHAPTER 183, SECTION 11, GENERAL LAWS A deed in substance following the form entitled "Quitclaim Deed" shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his: and. their own use, with, covenants on the part of the grantor, for himself, his heirs,. executors;. administrators and successors, with the grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor,but against none other. 6 , 90 _ ° n C+ GS A N ti 3 N W N a.. N�ocN. ` 06 �cF ' ^ ti a In 0 3 zo A' r33 .i trf. a a , I / Z kdm• M•F Di 3 �m9 V o pt a c m xt Q ! �:0. 0 Q Fw 1� C a co m �< �} �+ a' A� WC K M y m e n m F'r�C1D .a, M i T�7 i m o© c w p a - Z �1rCr7 ' O U ,1• +c JJ t! V (Please print or typeian �o'- ImC m Gm z ��1 4i 17 �co � / We, JOHN J. PENDERGAST and SYLVIA J. PENDERGAST, husband and wife, as joint tenants and not as, tenants by the entirety, both of that part of the- towh of Barnstable known as Centerville, of Barnstable County, Massachusetts, MA#TAX14494 for consideration paid, grant to MYKOLAS PAKSTYS and ALISA PAKSTYS, husband and wife, as tenants by the entirety and not as joint tenants and not as tenants in common, both residing -at' 15 Wendoverl Street, Dorchester, Suffolk County, Massachusetts, 8� the land in said Barnstable tqenterville) , bounded and described as follows : [Degription and encumbrances, if any] LOT NO. 13. as shown on Land Court Plan 8993C';"Sheet 2, filed in the Land Registration Office in Boston, a copy of which is filed in . the Barnstable Registry District. There is granted as appurtenant to the above described lot a right of way in common with the grantors and all other persons now or hereafter lawfully entitled thereto over the Ways as shown on said plan. Subject to and with the benefit of the matters set forth in Certificate of Title No. 12791, insofar as the same are now in force and applicable to the granted premises. Being a portion of the registered land as shown on Certificate of Title No. 13,537, Land Court Case No. 8993, Barnstable Registry District. Said lot is hereby conveyed subject to the following restrictions: First: That no dwelling house shall be 'erect ; upon the hand hereby conveyed costing less than twelve thousand do- ! . Ars� which sum may include the cost of building a cellar on sad • Building. shall be of Cape Cod or ranch type style, with we.. 'Yw "6d Second: That only a one family dwelling house } i ;be erected on the land hereby conveyed, and only one house sha11 be '6t°6 it,k on any lot. The exterior of such dwelling house shall be approved` by 'John J. or Sylvia �J. Pendergast, thetix' -he rs or assign§ .;, 'but the allowing of any building to- be completed sha11_ p�nstitute a waiver -of any rights to prevent the completion or eTe0X.on '.of said ,buildi��. Third: That the front f3" ne; of any house .erectec��� thereon; shall be set back not less than twenty ( 20) feet from the street .lin64 No building with the exception of a garage shall be erected within ""twenty ( 20) feet of the sidelines of any adjoining lot. Fourth: In the event the grantees, their heirs or assigns, shall be desirous of selling the land hereby conveyed, and shall have a bona fide offer for the purchase of, said land, such grantees, their heirs or assigns, shall offer in writing to sell said pr�exxaises for such price to John J. or Sylvia J. Pendergast, their heirs or assigns, and the said John J. or Sylvia J. Pendergast after being notified by regis- tered mail, shall have forty-five (45) days option to purchase for such price. Notice to be mailed to Centerville, Massachusetts. In case said John J. or Sylvia J. Pendergast, their heirs or assigns, shall not elect to purchase within said forty-five (45) days, such grantees, their heirs or assigns, shall be free to sell said premises to any one, free from this restriction. This restriction shall not apply to a sale under a power of sale in any mortgage. This restriction shall remain in effect until July 1, 1978. Fifth: Any fill from the,. cellar excavation not used in the grading of the lot shall be placed in a designated spot on the Wainwright Estates. r M � y • , ,yam,.,, �r. 1 G pp �, i ill " 6 1 1 d 11WfY�,A jSSLLlKlllOOddllar�J..�1 Wit»rss....._O.Ur......__.hand.s and seals this...._._.. ._.._ _ _._.__day of—__ D-Q.Oe.MbBY'.3.......__19 55. ................................................................_................_....................................._....._._ .............................................._........................................_......................_........__._. _. Q. .. _ ........ I �f�� fZtnntmnnurrtt�Sh u# 9�tt�,ttttrl�u�e##,*� Barnstable, SS. December '13 19 55 Thenpersonally appeared the above named JOhnJ• Pendergast and Sylvia J. Pendergast and acktiowledged the foregoing instrument to be their e ct nd deed, before me — . ........_.......... .............. .............................................................,,,/..... Notary Public — AWKWE" X My Commission expires / 19 A f r a THE FOLLOWING IS NOT A PART OF THE DEED,AND IS NOT TO BE RECORDED:. ,5 CHAPTER 183, SECTION 11, GENERAL LAWS r� A deed in substance following the form entitled "Quitclaim Deed" shall when duly e&cuted"have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on.the part of the grantor, for himself- his'heirs, executors, administrators and successors, with the grantee, his heirs successors and assig ns,gns, that "•"the time of the-4,elivery of such deed the premises were' free from all encumbrances made by him, and that he,will, and his I'ei ,e�eecutors,and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever against the lawful claims and demands of all persons claiming by, through or under the grantor, but against none other. ' I 4 Otaudt Norm of Quitr1aiut :1reb s JOHN J. PENDERGAST ET UX- cr TO 4 X. MYKOLAS PAKSTYS ET UX v xi r ��b1e Registry 40 41 71, E C 7 'r J 5 RECEIVED FOR R€GISrRAT10N M Y ��"- tt;.:ul T�RATl�7iNa0& .,,_ � o� at....-•........-.-..o clock and......-------•----..minutes.....................m 75 S3 Received and entered with.................-......................................... -- - - ....................................................._............-......._.-...-.Deeds Book................. _ _ - ..Page_-_---.----------------------- Attest: _-_.................................----.....................................................---.......- ........ Register. FROM THE OFFICE OF Paul M. Swift Attorney at Law Hyannis, Mass. HOBBS $ WARREN. INC. PUBLISHERS STANDARD LEGAL FORMS BOSTON - MASS. Form 882 F ' r MASSACHUSETTS QUITCLAIM DEED SHORT FORM (INDIVIDUAL) 681. .a;r Tadeusz Domanski the owner in fee simple of 15 Jackson Avenue, Centerville, Barnstable 'County,Massachusetts being unmarried, for consideration paid,and in full consideration of Seventy-six thousand, five hundred dollars ($76 ,500.00) grantsto Terry Kenyon and Breda Kenyon, husband and wife as tenants by* entirety of 45 Appleton Street, Boston, MA 02116 with gtltrl bn ratmu MtO thelandin Barnstable, village of Centerville, MA 02632 in the County of Barnstable and Commonwealth of Massachusetts boun.ded.:add,- deseti,bed: as follows : [Description and encumbrances,if any] SOUTHEASTERLY by Jackson Avenue, one hundred four and 30/100 ( 104.80) feet; SOUTE.ERLY by Lot 10, ninety-eight and. 41/100 (98.41:) feet; WESTERLY by a. portion of Lots 11 and 13, one hundred forty-three and. 12/100 1, 143 .12 ) feet and NORTHEASTERLY by Centerville Avenue, one hundred forty-three and 33/100 ( 143 .83 ) feet. BEING'. LOT 12 'as shown on subdivision plan B993-C (Sheet 2 ) dated April 25,1��rawn by Bea.rse a Kellogg, Civil Engineers, and filed in the Land .Registration Office at Boston, a copy of which is filed in Barns- table County. Registry of Deeds. in Land Registration Book 93, Page 84 with Certificate of Title No. 13904 .. There is appurtenant to said land a right of way in common with all other persons now or hereafter lawfully entitled thereto over the Ways shown on said plan. . Sa.id land is subject to and has the benefit of the reativictions referred to in 'Certificate of Title .No. 13537, so far as the same are in force and applicable; and to the further restrictions:-. set. forth in Document No. 52 ,979 . Restriction No . 4 of these latter restrictions shall remain in effect until July:, l, 1978; and to the rights granted in an easement given to the New England Telephone & Telegraph Company et al, dated February 20, 1973 being document No .171,714; and to a. taking of Centerville Avenue' by the Town of Barnstable, dated April 62 1970 being Document No. 137,710. And it i.s further certified that said lend is under the operation and provisions ofIChapter 135 of the General Laws, and that the title No. 103324 of said Tadeusz Doma.nski to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting. hand k'Ord seal this .3.Oth..............day of.......Qc.t.ab.er..................... -86• MUMS his r 19 ... �•FM.xuN"�" riwuP'M§� WY R{4 ,/A` Yd i! yM.gi i ( �s'3{ �ru1vr� "T`+J' ',i l�E.a �y, t�l ... ...fiG:"ii � ���i"�^' `V`1^e". ell !t s, ...................................................................................................... �r tie �ammattlu of fittloar4aaetts Barnstable ss• October 30, 19-36 Then personally appeared the above named Tadeusz Domanski and acknowledged.the foregoing instrument to be his free t and d.e..e....d. before.,..m..t.e . ..... .::.,: ... . :. Notary Publ' —Justice of the Peace , r, My commission expires October '17. - (*Individual—Joint Tenants—Tenants in Common.) CHAPTER 183 SEC.6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of the grantee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum. The-full consideration shall mean the-total price for the conveyance-without deduction for any liens or encumbrances assumed by the grantee or remaining thereon. All such endorsements and recitals shall be recorded as part of the deed.. Failure to comply with this section shall not affect the validity of any deed.No register of deeds shall accept a deed for recording unless it is in compliance with the requirements of this section. (THE FOLLOWING IS NOT A PART OF THE DEED, AND IS NOT TO BE RECORDED) CHAPTER 183, SECTION 11, GENERAL LAWS A deed in substance following the form entitled "Quitclaim Deed" shall when duly executed have the force and effect of a deed in fee simple to the grantee, his heirs and assigns, to his and their own use, with covenants on the part of the grantor, for himself, his heirs, executors, administrators and successors, with the grantee, his heirs, successors and assigns, that at the time of the delivery of such deed the premises were free from all encumbrances made by him, and that he will, and his heirs, executors and administrators shall, warrant and defend the same to the grantee and his heirs and assigns forever:..against the lawful claims and demands of all persons claiming by, through or under the grantor, but against,none other. y tb qd r Q < D CD O o �y f-3 06 1 m & M � QQ n -^ o c C H m $ a. `� m o z O m_.m I- I�.. co) � �* O N �' D V y Z N Co O G t7 C C ce ca. M 90 O a m Ca C o 0 o z C m "� CD X N tD � y r. PD O �? Vi ® N (Please print or n SQ3_2 0 I >0n -c M -1 5 J":J1j !u ij ay/WI�