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HomeMy WebLinkAbout0034 LILLIAN DRIVE � �L, �-i��✓���s� � � _ _ _._ i i, �� �, i i B 1 i r i t CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 caserapp@capecod.net Charles C. Case,Jr. Stuart W. Rapp April 25,2000 Mr. Ralph Crossen Building Department a Town of Barnstable 367 Main Street Hyannis, MA 02601 �Re:34 Lillian-Drive Dear Mr. Crossen: Pursuant to a conversation I had with a clerk in your office yesterday, enclosed please find four deeds relative to the surrounding lots to 34 Lillian Drive. Hopefully this takes care of all that you are looking for. If not,however,please contact me. I remain, Very Y yours S app SWR:sjr Encs. APRIL 28, 2000 Please provide deeds for 9 Elaine Road. We have all the necessary documentation for Lillian Drive. Thank You. / _ ��.l A'�L Tit � 5 F©e >JW�r �,eO��� �t ec0 FDP2M 1 N Lr LOTS R�� 11�1��4 (,e)� oUC�� =% QJ _ IMF 2.07— F02 -7#l5 CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 caserapp@capecod.net Charles C. Case,Jr. Stuart W. Rapp April 25, 2000 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: 34 Lillian Drive Dear Mr. Crossen: Pursuant to a conversation I had with a clerk in your office yesterday, enclosed please find four deeds relative to the surrounding lots to 34 Lillian Drive. Hopefully this takes care of all that you are looking for. If not, however,please contact me. I remain, Very ruly yours,. _._.._ Stu app SWR:sjr Encs. e,.. � i J.. .. .t. . _,'.�•1.�,., ' .:a r7`.t,. •.t 1 ci.e^ I. FA {, 5. Apr-14-00 11:16am From-BARNSTABLE REGISTRY 5083625005 T-917 P.02/02 F-618 ao 1481 314 sus � ;� :WYSI J. 8I6YTA, of 17 Blaine Iloa4, 1hr(Inais, Oern�teb$s Casnty, MesaeaAwse:tg,pei� 14RU tied, for aeesi4rotion of Twonsy- i ii�ts tlausand and 1bl100 Dbllers (s281000.40) Was `rant to MARA A. GAOUZ= ang CAM A. GAOUETYT, ha60444 wad wife ae Tenants by the Entirety, or 33 Elaine Road, Hyannis, Bat•Aesable � Count � Y.-Il"Whasetts, with QUITC{.AIn C04ERANTS, a certain parcel f land containing 10,500 eQuare `eat, situates on the nomwassarl I. side or Llaine Road, in that part of 64rnst4ble called Vest Hyannis.f port, Barnstable County, ttassachusette, being LOT 3Y as shawq on a 'an entiTle4, "Craig-port' A Rssidcntial Subdivision in Weec yannts, Maas. Property of Ralkin Realty Tryst. (Frank {. C11cin ruetee)", dated September, 1964, E.A, Kellogg, Eng'r., which plan e recorded in Barnstable County Registry of Deoos in Plan look 146 Page Ml, and 00404e4 and described, eccording to said plan, sa rol- era: Y SOUTHEASTERLY - by said Elaine Road, 105.00 Peet; NORTIU:ASTCRLY - Ay Lot 30, 300.00 fesT; NORT1lHEST�RLY - in part by Lot 31 and in pars by Lot 13, lo5.0 300THYCSTCRLT - byeLota34, loo.go fact. 67 There is conveyed herewiTb 46 sppurvcnani To said Lot 32 a M 1$ht Of way over Elaias Road and Carlo4ia Avsn4e, ae shown an aid plan, bs4reen said Lai and Ola Craigville Road, said right.or ,,r ay to be usee for all purposes for which public ways are pow or ma+y�rlp rea.ter be commonly ueco in aaiq 94rnstable, said right or way to uses in common with others legally enti4le4 thereto. FOP my Title, reference may De has to a geeq oarea July 23, 1 96S to me from L. Robert Rolas and Frank L, Elkin, Trustees of tkin Reelty Trust quly recorded in the BarnSTdAlc County Registry r Deeas in look luny, Page 316. WITNESS my hand and seal this Io AC day of August, 1970. 7ur:s na ' CORMONWEALTu 0 ARNSTAB f MA55ACIIUS 1.R, SS; I:T kilo' p•�-'�i" •�,.•:4 •�.� 3�?kuc�usF TWO Then personally apppesared the asove-aemed P ?•' $ ���nq eknow1649e4 the for4latag inet nt to be hiss G• '.s��deeg9 tole W eaao�eaaas � (1 p� WIN 49FAM �' a7ry�e O w ar u iC 1 w em,drag, l t — - -- -- -- so on ekp se: t F e c BK 12BC12 P GOS S S400 01--27-2000 e 02 = 22 QUITCLAIM DEED I,John Doherty,Jr.,President and Treasurer of Cape Cod Building Supplies,Inc.,a corporation duly organized under the laws of the Commonwealth of Massachusetts and having its usual place of business at 232 East Main Street, Yarmouth(West), Barnstable.County, Massachusetts, for consideration paid,and in full consideration of Fifty Four Thousand and NO/100 ($54,000.00) Dollars, grant to John C. Davenport,20 North Main Street, South Yarmouth,Massachusetts 02664. with quitclaim covenants the land situated in that part of Barnstable called West Hyannis,Barnstable County, Massachusetts, being Lots 33. 38 and 42, as shown on a plan entitled, "'Craig-Port" A Residential Subdivision in West Hyannis,Mass.Property of Rolkin Realty Trust, (Frank L.Elkin,Trustee)",dated September, 1961,E.D. Kellogg,Eng'r.,which plan is recorded with the Barnstable County Registry of Deeds in Plan Book 165,Page 41. There is conveyed herewith as appurtenant to each of said lots a right of way over all of the roads,drives, lanes and avenues,as shown on said plan, said right of way to be used for all purposes for which public ways are now or may hereafter be used in said Barnstable, said right of way to be used in common with the Grantors and others legally entitled thereto. t� And there is also conveyed herewith as appurtenant to each of said lots the right to •..l lay, repair, maintain and replace in Carlotta Avenue,Lillian Drive and Elaine Road, as shown on said plan, and is Linda Lane between said Carlotta Avenue and Strawberry Hill Road, as shown on said plan,water pipes, sewer pipes,conduits for the transmission of electricity, intelligence and fuel,together with the right to place and maintain upon said Carlotta Avenue,Lillian Drive and Elaine Road, and upon said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,poles or structures,for the installation of electric or telephone wires;and also the right to surface said Carlotta Avenue,Lillian Drive and Elaine Road,and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road with a hard-top finish. And the Grantors reserve,for the benefit of their remaining land shown on said plan, the right to connect with and use any such pipes, wires,conduits,poles or structures as may hereafter be installed by the Grantee and its successors in title of record,in or upon said Carlotta Avenue, Lillian Drive and Elaine Road, and said Linda Lane between said Carlotta Avenue and Strawberry Hill Road,in common with others legally entitled thereto. This conveyance is also made subject to a taking by the Town of Barnstable for the layout of said Strawberry Hill Road by instrument of taking dated May 3, 1967, and. recorded in said Barnstable Deeds,Book 1362,Page 287. ,t Bra 12GC12 PGO86 5-1-80 This conveyance does not convey all or substantially all of the assets of Cape Cod Building Supplies,Inc. For title, see Deed dated April 25, 1969, recorded in Barnstable County Registry of Deeds,Book 1434,Page 650 . Witness my hand and seal this, -day of A'2 . d � u John Doherty,Jr. President and Treasurer Cape Cod Building Supplies, Inc. COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. ,.2000 Then personally appeared the above named John Doherty Jr.,President and Treasurer of Cape Cod Building Supplies, Inc. and ackrdgeda fo ego- g instrument to be his free act and deed before me. 'Notary qubli Mycomfnis on xpires: --------------------- BARNSTABLE COUNTY REGISTRY OF DEEDS XCIS=dlsft E TAX REA_ �. EEas R 'WED DATE 01.27.'00 THU 01/27/00 2121PH 01 000000 NMI TAX $123.12 TOTAL $123.12 FEE $184.68 CASH $123.12 ate _66 CLERK 1 NO.006549 CASH TIME 14:19 1111 eq ,o�RSSrge 9ARNSTABLE REGISTRY OF DEEDS �F .,i 8 WKM3 e.�E .2X QUITCLAIM DEED 9448; 1+ Cape Cod Building Supplies, Inc.,a Massachusetts Corporation,duly organized by law, with a usual place of business at 63 Warehouse Road, Hyannis, Town and County of Barnstable, Commonwealth of Massachusetts, in consideration of One Dollar(SI.00) paid, grants to Katherine M. Frucci, of 147 Pleasant Street, South Yarmouth (Bass River), Massachusetts: Joan II M. Mlllane,of Snipslc Lake Road, Ellington, Connecticut; Maureen M. O'Donnell, ! of 1417 Cando Place, Jacksonville, North Carolina; Barbara M. Doherty ! of 36 Mlrlah Drive, Yarmouthport, Massachusetts;Sharon M. Frisby, of 56 Cobblestone Road, Barnstable, Massachusetts;John G. Doherty, Jr., of 211 Pleasant Street, South Yarmouth (Bass River), Massachusetts; Sheila M. Doherty of 211 Pleasant Street,South Yarmouth (Bass River), Massachusetts; and Mary A. Doherty,of 211 Pleasant Street, South Yarmouth (Bass River), Massachusetts,as Tenants in Common, with QUITCLAIM COVENANTS, the land In Barnstable(West Hyannis), Town and County of Barnstable, �� .. Commonwealth of Massachusetts, being more particularly shown and described as LOT 35 and LOT 40 on a Plan of Land entitled "Craig Port a Residential I Subdivision in West Hyannis, Mass. property of Rolkin Realty Trust.(Frank L. Elkin(Trustee) September 1961 Ed Kellogg - Engr. - Osterville", duly recorded in the Barnstable County Registry of Deeds in Plan Book 165, Page 41. ji. For title reference see Deed recorded at the Barnstable County Registry of Deeds in Book 1y 3y Page oSJ j IN WITNESS WHEREOF, the said Cape Cod Building Supplies, Inc., a Masschusetts Corporation, causes Its corporate seal to be hereto affixed and there presents to be signed,acknowledged and delivered in its name and behalf by John G. Doherty, its President and Treasurer, this ,�L L day !i :i of December, I9R6. Caps od Build g Supplies, Inc., j sa hn G. Doherty, President & Tre surer COMMONWEALTH OF MASSACHUSETTS Barnstable,ss: December dl9'� 1986 i Then personally appeared before me, the above-named John G. Doherty, President and Treasurer of Cape Cod Building Supplies, Inc.,and acknowledged �.l the foregoing instrument to be the free act and deed of Cape Cod Building I„ Supplies, Inc.. Notary Public My Commission Expires: fe / uw v.cu �- REAROOrl TTOMAS& BALCV.7.0 0.: 1 cOwwCw D•wGwX•s w,Sr ;i,II .ro e+SXTT uue Post orrr.L Bor•n ..rARRrs,w.ss,oreo. . I `I �ar n eLC�Jq i�DEC 29 86 ij BARNSTABLE COUNTY I. REGISTRY OF DEEDS A TRUE COPY,ATTES:r JOHN .MEAO REQI TSR. i � tM2106 nu 256 23502 We, A. HYRON COPPIN, JR. and ISABEL A. COFFIN, husband and wife, as tenants by the entirety, both 235 Andros, Merritt Island, Florida of paid KAW>tedid?M'for the IuU 000aidandoa of $21,000.00 �raat to KIMYON R. COLE and TERESA M. COLE, husband and wife, as tenants by the entirety, both � 36 Elaine Road, Barnstable (Hyannis), Barnstable County, Massachusetts, le Barnstable County, with quUttatm csornaAS the lead iti earnatabbuildin aithereon, bounded and des- Massachusetts, together with any 9 j cribed as follows: as shown on a SOUTHERLY by Elaine Road and Carlotta Avenue, plan hereinafter mentioned, one hundred thirty-six and 75/100 (136.75) feett e,,9TE -Y by Lot 37, as shown on said plan, one hundred and 00/100 (160.c0) festl ninety three ' NORTHERLY by Lots 36 and 35, as shown on said plan, Y- and 38/100 (93.36) feeti and sight and EASTERLY by Lot 34, as shown on said plan, ninety- 9 , 16/100 (98.16) feet. ,j Being LOT 36 containing 11,705 square feet, in more or less, as I ' shown on a plan entitled: 'Craig Port a. Residential ubi °1961, West Hyannis, Mesa. property of Rolkin Realty Trust, September Ed. Kellogg: Eng'r•'• which said plan is duly filed in the Barnstable f County Registry of Deeds in Plan Book 165 Page 41. F act to and with The above described premises are conveyed subj way for all purposes for which streets or the benefit of aright °used in the Town of West Hyannis, in, over and i ways may customarily be s as shown on said plan herein referred upon the named streets or way to in common with others entitled to the use thereto•subject to a Road C► The above described premises are-conveyed subj ortion of in Taking?` b the Town of Barnstable of Elaine Road and a p Vineyard Electric Company Carko1295Avenue 11471danp easement 9to Cape 65 and zicViney orded in said Registrycompany $OO hone and Telegraph Company dated October 23, 1962 and New England Telep Regis in Book 1178 Page 36 and to the restricti a and recorded in said Req t: contained in an instrument dated December 20, 1962 and recorded n said Registry in Book 1188 Page 522. Being the same premises conveyed to us by deed from Hyannis :"•? '" Inc. dated October 2L, 1963 and recorded in Real Estate Exchange, said Registry in-Book 1223 Page 117. 1 lY 74 der of j_ 1 Estee tei a wiled i�a , ro o • r � CO1.11AC11v1Ea:TN O.` f•'Aar � ' �S(JT�AxTyEyVOP FLORIDA as r ` �r'Jil'ttSi1§tlrl�� Y r r` 1974 I tp,Jlt / the abow aemad A. Byron C°_g1•Tt r,,3 ,�+,✓r-1lr� Then perao�,etlr eppee' d f�`) •�t. �w.�,. hi I lid{a�lhf �at lasnumeot to b• U g'LI�,:; i , y °l`�? Wi DPWMIC) "•" a I ., .`Q'j'`- _• ,�"'•S'^T tpae(y itUtU•CI1ttAAL tlt�tl4J�1 YttOlJn CASE & RAPP, LLPc,'o Attorneys and Counsellors at Law - r P��� a 1 - 1645 Falmouth Road, Suite 1E Centerville,Massachusetts 02632 t j 25 Mr. Ralph Crossen Building Department Town of Barnstable 367 Main Street Hyannis, MA 02601 i - �J��. , '� ::.a:,.. il�alss;Pala.��la.11.!asas's7.�''rill!lalis'�.la]a�tsalla)aila�saa��ill �� - _ � ; 1 ! it Si'= E ttit t ii: t tat tti 'eit� t1 ii 4i =• a 'I v i i i i ••• � 1 � t{ � . � - I ,!'.i I r� a A ,. .< i \� �� i. ^-� �� �;� __ _. � i �y CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville, MA 02632 Tel. 508.771.3400 Fax 508.778.1700 E-mail: caserapp(a,capecod.net Website: www.caserapp.com Charles C. Case,Jr. Stuart W. Rapp October 14, 1999 Via Facsimile 508-790-6230 and First Class Mail Ralph M. Crossen Building Commissioner The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Mairi'Street ,s• f :, _ Hyannis, MA 02601 .. of �:fLillan Drive;$Hyanns,.MA. "' ° Dear Mr. Crossen: It was a pleasure meeting you at the Lillian Drive site on October Bch and this letter is sent at your request to confirm and summarize the results of that said visit. It has been agreed that the lots are buildable and that you will require that Lillian Drive be completed in conformity with what is currently existing, which is a 13 foot wide paved road with Cape Cod berms on both sides, the depth of the road construction will be pursuant to the Town of Barnstable Engineering's specifications, a water main will be installed and the placement of the hyrdrant or hydrants will be determined by the Water Department's specifications. It was further agreed that two catch basins, one on each side of the road, will be installed at the lowest topographical point of this road construction. Also intended to be confirmed with the Towh of-Barnstable Engineering Department is whether they will require further catch basins to be installed and if so,they will be installed as well. Y" Presently,there is a plan being worked up and will be made available to the Engineering Department as well as to yourself, and pursuant to your representation, Certificates of Occupancy will not be issued until the binder coat of asphalt is placed on the road pursuant to these specifications. I do believe that this clearly sets forth the understanding of my client and yourself and that my client may move forward with the construction of the homes on these lots, only, of course, after receiving the Building Permits from your Department. If this varies in any regard to what is your understanding of this matter,then please contact me as soon as possible. If you should have any questions,please do not hesitate to contact me. I remain, Very truly yours,___ Stuart W. Rapp SWR:jlc cc: client CASE & RAPP, LLP Attorneys and Counsellors at Law 1645 Falmouth Rd., Suite 1E Centerville,MA 02632 Tel. 508.771.3400 Fax 508.778.1700 E-mail: caserappOkapecod.net Website: www.caserapp.com Charles C. Case,Jr. Stuart W. Rapp September 27, 1999 Via Facsimile 508-790=6230 and First Class Maii Ralph M. Crossen Building Commissioner The Town of Barnstable Department of Health Safety and Environmental Services Building Division 367 Main Street - Hyanms, MA 02601 . . _-. Dear Mr. Crossen: ' : f ,�•_ . . _ _. .. _ ., ,. :. It was a real pleasure to meet with you this morning with regards to the Lillian Drive property that my clients own. As we discussed, I am providing this information to you with regards to these lots in order that you may determine the buildability of these lots. Please be advised that the lots in question are Lot Nos. 33, 35, 38, 40 and 42—all on Lillian Drive as shown on a copy of the subdivision map that I have attached to this correspondence for your review. After our meeting this morning, I did, in fact, drive over to the property and found that LillianDrive dead ends currently at the boundary of Lots 45 and 42. My client has assured me that he has submitted the preliminary plan to the Town of Barnstable Engineering Department some time ago and it is intended that the Lillian Drive will be extended as it is shown on the attached map at the time these lots are built upon. The lots were checker boarded by deeds recorded in December of 1986 subsequent.to.,the,adoption by the town of the one acre zoning. However, pursuant to Article 4, Section 4.2 (2 which allows for common lot protection these lots fit within that exception-,especially because the subdivision which these lots are located within was approved.by the Town of Barnstable back in 1961. I anxiously await your written determination that these lots are buildable. If you should have any questions,please do not hesitate to contact call me. I remain, Very trul yours, Stuart app \!" SWR:jlc Enc. cc: client L 4� a . � • o � o ��oo�y i/ � �> N 0.1 OD n �$ V � g bpi � a a ' •��� a� � � - - o $ �o, 2 � L Vj r. sh rA4 b1 PAD N Cl v • N � m n r' •s /623j C : a YID' w ,. X O 1 d��/07► b O, 06 P O w t o S loa9d .! w i + a Tlp o O N 10Q002*00 . I _v - q� v rum tD q 0p01 �° _Sz•°r3o� L, o 00 �o d v r e°,y91 s H Bo I 10f1 O0 H o O 00-0 •• .�o¢=a•l m •• y� O of o _ 100.00 b0 �o O � at -„ o oq�� o V o. O 1 111 U1 o -09 ! A�, SPS V i s ., -+, O w 4 O / • 41 '4 �a °9 00 „ �,''••o a .. c a� yL9` ♦Win' 4a sv�,'A ' �� - �D'� y1, _ ° 96 O P. C �p •,+ Ili °'. IL r N ass %;r A /oa000 g q 07 0 0 s O. jY to UI f� fj w- �j v yr C a,�Q. �• ¢4, �►� •,,`Foo ° b ?� Q N °o'p0I ♦ m cb O r�5 g o 1 o i9�o Q. �► io 40o CT\Ai 4 ► $ O i o Y �? ss G 0 � � tlti9 2/ • 91 Ot c, � Ci � iq p1 �� � •ANC' ` `:. 00'0°I