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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
September 22, 1949     Barnstable Patriot
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September 22, 1949
 
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Page 4 L E G A L N O T I C E S MORTGAGEE'S SALE OF REAL ESTATE By virtue and in execution of the power of sale contained in a certain mortgage of real estate given by dAPB COO FOOD PRODUCTS, INC., a corporation duly established under the laws of the Common- wealth of Massachusetts, having its principal place of business in Barn? stable (Hyannis), Barnstable Countv , Massachusetts, to HYAN- NIS TRUST COMP ANY , a banking corporation duly established under the laws of the Commonwealth of Massachusetts, having its principal place of business in that part of the Town of Barntable known as Hyan- nls, Barnstable County, Massachu- setts; dated August 29th, 1917, re- corded on September 2, 1917. with Barnstable County Registry of Deeds with the records of unregis- tered land In Book 677, Page 116, and with the records of registered land as Document No. 20,430, noted on Certificat e ot Title No. 9121, in Registration Book 58, Page 101, also on Certificate of Title No, 9122 , in Registration Book 58, Page 102, Land Court Cases Nos. 928$ and 17609, of which mortgage tho under- signed is the present holder , for breach of the conditions of said mortgage, and for the purpose of foreclosing the same will be sold at Public Auction , at 2:00 o'clock P. M., Eastern Standard Time, on Friday, the 14th day of October , 1949. on the premises, on the first described parcel in said mortgage, all and singular the premises de- scribed in said mortgage, excepting therefrom the following parcels which have been released from said mortgage, a more particular de- scribed of said parcels and refer- ences to said partial releases being as follows: — Partial release dated October 21, 1947 , recorded on October 22, 1947. with Barnstable County Registry of Deeds in Book 081, Page 118:— the land , together with the build- ings thereon, situated in West Hy- annisport . Town and County of Barnstable , Massachusetts , bound- ed and described us follows: — Beginning at the Northeast cor- ner of the granted premises and at the Southeast corner of Lot 3 on plan hereinafter mentioned and at Red Lily Pond Road; thence running Southerly . South- easterly and Southwesterly by Red Lily Pond Road and Hyannis Town Road two hundred twenty and 98/00 (220.98 ) feet more or less, to land of Albeit; L E G A L N O T I C E S Partial release dated February 1 1 , 1948, recorded on April 26. 1918 with Barnstable county Registry of Deeds In Book 692. Page 125:—¦ Tho following described laud, and cranberry bog, situate in the Town of Chatham , Barnstable County aforesaid FIRST: Tho premises known as the "Star Bog" including the "Ce- dar Spring " or "Cedar Tree Bog," "Apple Tree Bog" and the "Nook Bog," and also the "Buck Bog," and Is bounded On the North and on the West by land now or formerly ot Edward N. Johnson; agan on the North , on the Fast , on the North , on the West and on the North by land sometime of one Olendon flow supposed to be of Richard Rich; On the North and on the Fast by land now or for- merly of Katharine F. Doane; On the South by land now or late of Elnathan F. Eldredge and others (Sulpher Springs Cranberry Bog, so called); On the West , on the South and again on the West by land now or formerly of Horace Buck and wfe; and again On the North and again On the West by land of Frank C. Scanlon. Suld parcel has the benefi t of , .and is subject to existing ease- ments. Meaning and intending to convey the premies conveyed to Elnathan E. Eldredge by deed of Lillian F. Harding dated April 25, 1938 and recorded with Barnstable County Deeds, Book 541, Page 299 and also the premises conveyed to Elnathau j E. Eldredge by deed of Horace C. Buck and wife, dated November 21, 1939, and recorded as aforesaid , Book 561, Page 223 . A part of the premises described in the latter deed are subject to an easement for the benefit of the said Buck and wife, as therein reserved. Appurtenant to the first parcel described in the hereinunder men- tioned deed of Alonzo Nickersoti , recorded . Book 617, Page 20, Is the privilege to take sand for said par- cel of bog from the old sand hole at the North thereof , also the priv- ilege of a landing place South of said bog. Partial release dated August 3, 1948, recorded on August 26, 1948 with Barnstable County Registry of Deeds in Book 701, Page 405:— The land in that part of Barn- stable , Barnstable County, Massa- chusetts , called Centerville , and being shown as.Lot No. 8 on plan of Wequaquet Pineneedles , owned by Mary A. Tobin , .dated 1927, and L E G A L N OT I C E 8 (11 Bounded north by land for- merly of William Dixon , east by Bald Dixon land or a Town Road , south by hind now or formerly of Charles Nelson and west by land formerl y of William W. Sturgls , and being the same land described in the deed of Annio C. Murphy to Robert Hugh Murphy dated Septem- ber 1927 . recorded with Barnstable County Heeds in Book 449 , Page 406. (2) Bounded north by land now or formerl y of Amanda Nelson 144 feet , east by said Nelson land 100 feet , south by said Nelson land 144 feet and west by land formerly of William Sturgls 100 feet, together with an unrestricted easement of way over land of Charles Nelson to and from the County Road , and being the same land described in the deed ot Annie C. Murphy to L E O A L N O T | C E sT^ John Brooks, Mar. 1924 f!0„„ Clements, C. E." ' r,eorBe l\ j Together with a right of «, common with others Jf-H ,'" thereto over Brooks R „. , """'I Estella Road. '"' N Parcel 4 A certain parcel of i ,,,,, gether With the building s i ,', '» situated in Hyannis aforewE °"' the Southerly side of South >?,' "" bounded and described no , ' lows:— l( 'l- Beginning at a drill i,„|0 ,h concrete block on the souti», " < side of South Street at :'lv Speros Panesls; . "" °l thence running Southerly , land of said Panesis two h,/,,,, ¦ thirty (230) feet more or |, ,( "' stone bound; Mll > thence running Into the \u v . thence •running Northeast,, Easterly and Southeast erlv !,,• ,i ' Bay to land of the Town „r ,, '" stable; "n|- thence running Northeasterly i„ land of said Town of Bariistahi. one hundred 'fifty-three i in.'h ' ,' more or less to a concrete 1,, ,,,, on South Street; m tlwnce running -Westerly by „„,, South Street one hundred eleZ seven (187) feet more or U p - land of said Panesis and the noli, of beginning. " ,m[ Being Lots A, B, C and i\,e re. maining part of Lot n ua „!,„. „ on plan entitled "Plan of Land Hyannls, Mass., Properly ,,t \v ter D. Baker, Oct. 1928." Parcel S The land in that part of Barn. stable, Barnstable Count y M„,J chusetts, called Centerv ille and being shown on Lot No. 8 on nil L E G A L N O T I C E 8 istry of Deeds in Book 70(i, Page 262:— A certain pleco ot bench and meadow land on Long Beach In the Village of Centervlllo, In said Barnstable, together with the buildings thereon , bounded and described as follows:— Beginning at a stone bound on the south side of the Town Road at the northwest corner of land tiow or formerly of Stacy L. Hall; thence, by land now or formerly of said Hall, South 3Ms 0 West, about one hundred forty-four (144) feet; thence In the same course to the waters of Centerville Harbor ; thence westerly, by the waters of said harbor, eighty (80) feet to land now or formerly of Chester Bearse; thence' North 3Vfj ° East , about ninety (90) feet to the top of the hank by land now or former- L E G A L N O T I C E S Southwesterly along the Southeast- erlv boundary line of said Lot C, one hundred thirty-four (134) feet to Wequaquet Lake; thence turning and running In a generally Southerly direction along said lake , fifty (50) feet to said Lot 8; , . thence turning and running Nortlieast erlv again b. v said Lot 8, sixty-five (65) feet to an iron post; tlience turning and running Southeasterly as shown on said plan bv sal,d I-"1 s. two hundred six (206) feet to the first mentioned Road, and the point of beginning. ContainIng-27 ,890 square feet of land; be all of said measurements and contents more or less, and all according to said plan. Together with a. right of way from the granted premises to the County Road, runnin g from Center- L E G A L N O T I C E S Southerly by Irving Street, there measuring one hundred (100) teet , being Lot 137A on said plan. Together with rights of way in common with others now or here- after entitled thereto over the roads and streets as shown on said plan, for such purposes as said ways are now or may lie commonly used. Partial release dated March 31, 1948 , recorded on April 7. 1948 with Barnstable County Registry Of Deeds in Book 691, Page 71. the land, together with the build- ings thereon , situated In West Hy- annisport. Town and County of Barnstable , Massachusetts, bound- ed and described as follows:— LOTS numbered 9 and 10 Section A, on the southwesterly side of Centerville Avenue, shown on plan entitled "Plan of Lots at Cralgvllle Beach Estates, West Hyannisport . Mass. as laid out for Theodore K, Clifton, scale: 1 inch = 80 feet, April 2, 1946 , Bearse & Kellogg, Civil Engineers , Centerville , Mass." duly recorded with Barnstable County Registry of Deeds, said lots being more particularly bounded and described as follows: — Northeasterl y by Centerville Ave- nue, there measuring one hundred i and live (105) feet; Southeasterly by Lot 8 as shewn Ion said plan ; Southerly by Lots 6 and 7 as I shown on said- plan , seventy and [72 100 (70.721 feet; Southwesterly by Lot 5 as shown on said plan , fifty-six and Sl/lOOths (5G.S1) feet; and Northwesterly by Lot 11 as shown on said plan, one hundred and twenty (120) feet. Together with rights of way in common with others now or here- after entitled thereto over the roads and streets as shown on said plan , for such purposes as said ways are now or may be commonl y used. Partial release dated March 31, 1948, recorded on April 9, 194S with Barnstable County Registry of Deeds in Book 691, Page 189:— the land together with the build- ings thereon , situated in West Hy- annisport , Town and County of Barnstable , Massachusetts, bound- ed and described as follows: — LOTS number 26 and 27 In Sec- tion B, on the Northeasterly side j of Centerville Avenue, shown on j plan entitled "Plan of Lots at Craig- I ville Beach Estates. West Hyannis- i port , Mass. as laid out for Theodore |F. Clifton , scale: 1 inch = SO feet , thence running Northwesterly by said Albeit land two hundred fifteen (215) feet more or less to the Red Lily Pond ; thence running Northeasterly by the Red Lily Pond seventy-five (75) feet more or less to the Southeast corner of Lot 3 as shown on said plan ; thence running Southeasterly by said Lot 3 one hundred eighty-live 11S51 feet more or less to Red Lily Pond Road , it being the point of beginning. Tile above described premises be- ing LOTS 1 and 2, BLOCK C, on the northwesterl y side of Red Lily Pond Road, shown on plan entitled "Plan of Lots at Cralgvllle Beach Estates, West Hyannisport , Mass. as laid out for Theodore E. Clifton , scale: 1 inch—SO feet , April 2, 1946, Bearse & Kellogg, Civil Engineers, Centerville , Mass." duly recorded with Barnstable County Registry of Oeeds. Together with rights of way in common with others now or here- after entitled thereto over the roads and streets as shown on said plan. I April 2, 1946 , Bearse & Kellogg, , Civil Engineers, Centerville , Mass," dul y recorded with Barnstable County Registry of Deeds , said lots . being more particularly bounded and described as follows: — Northeasterly by Lot 25 as shown on said plan , there measuring one hundred ten (110) feet; Southeasterly by Lot 22 and a ', portion of Lot 23 as shown on said plan , there measuring one hundred (10U) feet; Southwesterly by Centerville Avenue , there measuring ninety (90) feel; Westerly by a curve ' having a radius of 20, at the junction of Centerville Avenue and Cranberry Lane; and Northwesterly by Cranberry Lane, there measuring eighty (SO) feet. Together with rights of way in common with others now or here- after entitled thereto over the roads and streets as shown on said plan, for such purposes as said ways are now or may be commonly, used. recorded with Barnstable County Registry of Deeds in Plan Book 47 , Rage 119, and hounded und de- scribed as follows: — Beginning nt a point at the Southeasterly corner of the granted premises and the Southwesterly cor- ner of Lot 9, as shown on said plan , said point being on a Road shown on said plan ; thence running Northwesterly along said Lot No. 9, two hundred six (200) feet to an iron post; thenee turning add running Southwesterly along said Lot No. 9, sixty-five (65) feet to the waters of Lake Werjuuriuel; thence turning and running In a Southerly direction along said lake forty-four ( 14 ) feet to an iron post at the Northeasterly corner of a right of way as shown on said plan; thence turning and running along said right of way in a Southeasterly direction one hundred forty-five (145 ) feet to an iron stake at the Southwesterly corner of the grant- ed premises and the Southeasterly corner or the said right of way, at the said Road; thence turning and running in an Easterly direction along said Road ninety-four (94) feet to the point of beginning. Be all of said measurements more or less and all according to i said plan . Together with a right of way from the granted premises to the County Road running from Center- ville to Barnstable over the Roud shown on said plan or as same may hereafter be relocated, Edith M. Conners reserving to herself , her heirs and assigns, the righ t fro m time to time to relocate said Road- way, excepting such portion there- of as adjoins the granted premises. Said premises are hereby con veyed subject to the zoning laws of the Town of Barnstable. The granted premises are con- veyed subject to the following re- strictions: No dwelling house or garage de- signed Tor the occupancy by more than one fumily, and no dwelling house not Including garage, costing less than $4000.00 shall lie erected or placed thereon; the granted premises shall be used Tor residen- tial purposes only; No building shall be erected or placed on the granted premises nearer than twenty-five (25) feet to said Roadway, and no building's, other than boathouses and bath- houses, shall be erected or placed on the granted premises, nearer than firty (50) feet to tho average high-water mark of said lake. these restrictions are Imposed fer the benefi t of said Edith M . Conners and may be waived in writing by her. The lund in that part of Barn- stable , Barnstable County, Massa- chusetts, called Centerville ,' and be- j ing shown as Lot 9 on Plan of Wequaauet Pineneedles owned by Mary A. Tobin , dated 1927 , and re- corded in Barnstable County Rog. Istry of Deeds, Plan Book 47, Pago 119, and bounded and described us follows:— Beginning at a point in the Southwesterly corner of the grant- ed premises and the Southeasterly corner of Lot 8, as shown on said plan , said point being on a Roud shown on said plan; thenee running Northeasterly by said Road , ninety-three (93) foot to the corner of said Road und an- other Road shown on suld plan- tlience turning and running Northwesterly by the last men- tioned Road two hundred sixty- peven (207) feet to Lot C as shown on Bald plan; tlience turning and running scribed In said mortgage. i — Partial release dated November 23, 1948, recorded on November 26, 1948, with Barnstable County Reg- istry of Deeds in Book 708, Page 27(1:— 1 The land situate in Orleans In said County of Barnstable bounded and described as follows: On tho West by a Town Way commonly called Bridge Road; on the' 'North , East and South by laud ot the Cove Bog Cranberry Company, or however said company or corporation may be more prop- erly named or described. For title of the grantor to the above described cranberry bogs, so called , see deed from Coleman S. Winchester Jr. to it, dated Novem- ber 19, 1946, recorded with Barn- stable County Registry of Deeds in Book 659 , Page 527. u ¦ Partial release dated August 3rd, 11948, recoi'ded on October 1 , 1948 with Barnstable County Registry of Deeds In Book 704, Page 127: A certain parcel of land with the buildings thereon , in the Town of Barnstable (Cuiiimaquid), in said County of BarnBtable , bounded and described as follows:— Beginning at the Southwesterly corner of the premises at a point marked by a stake in the Northerly line of I he State Highway, and at tlie Southeasterly corner of land now or formerly of Benjamin F Smith ; thence , Northeasterly iu line of said Smith land , four hundred fifty- three and 56/100 (453.50) feet, more or less, to a stake; thence, Northerly still in line of land now or formerly of said Smith, six hundred eighteen and 42/ 100 1618.42) feet, more or less to a stake;1 thence', Easterly still in line of land now or formerly of said Smith , sixty (1)0) feet to a stake' (hence, Southerly In line of laud now or formerl y of Charles W. Nel- son and partly by land now or for- merly of Joseph Whlttemore (later Bertha F. Smith) five hundred eighty-six and 78/100 (586.7S) feet more or less, to a stake; thence , Southwesterl y in line of last mentioned, lands, eighty-three and, 59/100 (83.59) feet , more or less, to a Btake ; thence, Southerly still in line of last mentioned .lands, two hundred ninety-fi ve and 30/100 (295.36) feet more or less, jto 'a stake ; thence , Southeasterl y still in ' ine of last mentioned lands , one hundred seventy-six and 16/lno £, . '. }, fBet ta *. stake in said Northerly line of „said State High- way; forty-one and.86/100 (41.86) feet to a Massachusetts Highway thence, Westerly, in a curve by said Northerl y line of said State Highway one hundred ninety-five and 59/100 (195.59) feet more or ess, to a Massachusetts' Highway bound? . ' thence, Northwesterly in said Northerly line of said State High- way, one hundre d thirty-live and 82/100 (135 82) feet, more or less to tho point of beginning Containing three and 56/100 (.1.56) acres, more or less. For a more particular description «L « 8 Oi ab0V ? deBcrlu ed Premises, see ..pu„ of Lmd ,„ Bai.n8tabl^ (Cummaquld), Barnstable, Mass belonging to Noah A. Bradford (to be conveyed to Eunice Suther- land) duly recorded with Barn- stable County Registry of Deeds **', ,, , h0 1 la,ld slt,,ate '« said Ban stable In the Village of Bar - SrthS'i S°'C?11 n d - bolu,,led «nd de- flonbed as follows: feet; Southerly by land of Eunice Suth- erland fifty-seven (57) feet; Again Easterly and Southeasterly by land of Bald Eunice Sutherland eight hundred twenty-Bix (826) feet more or less; Southwesterly by the brook run- ning through land now or formerly of Alice B. Nlckerson. Containing 7.38 acres more or less. Meaning and intending to con- vey all that portion or the prtmiisea lying North of the brook as shown on a plan entitled "Houselot in Barnstable conveyed to Alice B. Nlckerson by M. A. Croce, Dec, 9, 1926, formerly Benj. F. Smith" 1. H. Smith, Surveyor. The above premises are con- veyed subject to the following re- striction: No building other than a single dwelling house costing not less than $12,000,00 together with a private garage having a capacity for not more than three cars shall be erected on the granted premises. Together with the privilege of a 12-l'oot right of way running North- erly from the County Road over tho brook at the Westerly end of other land now of Alice B. Nlcker- son adjoining land of the heirs of Emma C'alioon. Being the 7th , 8th and 9th parcels described in said mortgage. Partial release dated December 1, 1948, recorded on December 1, 1948 with Barnstable County Regis- try of Deeds in Book 708, Page 488:— (lie land situated in West Hyan- isport , Town and County of Barn- stable, Massachusetts , being Lots numbered 1, 6, 10, 14, und 86 in Section F; Lots numbered 3, 5, 7, 9, 14, 16, 18, 20, 22, 24, 20, 28, 30, 32, 34, 36 37, 40, 42 and 44 in Section C, as shown on plan entitled "Plan of Lots at Craigvflle Beach Estates, West Hyannisport , Mass. as laid out for Theodore E. Clifton , scale 1 lnch=80 feet, April 2, 1946, Bearse & Kellogg, civil Engineers, Centerville , Mass." duly recorded with Barnstuble County Registry of Deeds. There Is granted as appurtenant to the above described lots a right of way in common WRn others now or hereafter entitled thereto, over the roads and streets as ,shown on said plan ,' for such, purposes as said ways are now or may be commonj v used . ., ^ Partial release" dated April 7th> 1948, recorded, on May 3,; 19.49 with Barnstuble County, Registry et Deeds.in. Rook 719, Page 230:— I the land situated in West Hyan- nisport , Town and County of Barn- stable, Massachusetts, • being LOTS numbered 21, 22, in Section B, on the Northeasterly side of Ceu- tervi le Avenue, shown on plan en- titled "Plan of Lots at Cralgvllle Beach Estates, West Hyannisport Mass, as laid out for Theodore E Clifton , scale l inch = 80 feet ' Apr!,1 2, 1940, Bear8e & Kellogg,' Uyll Engineers , Centerville , Mass " f-nl, re n corde . CI with Barnstable County Registry of Deeds There Is granted as appurtenant to each of the above described lots a right of way in common with others now or hereafter entitled thereto over the roads and streets as shown on said plan , ror such purposes as suld ways ure now or may bo commonly used. 1 P ,a r A lttl vele ^ 8e dttted November ;kA B48, .., re ^ orded on November l, 1948 with Barnstable County Reg! and recorded with Barnstable Deeds in Plan Book 43, Page 73; said parcel corttalnlng seven liun- drod twenty (720) square feet of land , more or less; and be- ing a parcel marked George E. Boiling on said plan , and being described as a parcel discontinued. For taking reference is made to insti'ument recorded with said Barnstable Deeds, Book 4S0, Page 332. Said parcel is located between the south line of the old layout of Dong Beacli Road and the south line of the 1931 lnyout of Buid I Road , as shown on said Plan.' ! to wit:— ! Parcel 1 The land iu Hyannis, Massachu- setts, on the Northerly side of the Road leading from Hyannls to Centerville, togother with the buildings thereon , more particular- ly bounded and described as fol- lows: Southerly by Road leading from Hyannls to Centerville (State Highway) two hundred ninety (290) feet more or less; Westerly by Land now or form- erly of John Hemmila (a ten foot private way) two hundred fifty- four (254) feet more or less;. mence tu rning ami iiiiiinii? along said right of way in a Southeasterly direction one hn> tired forty-five (145) feet tn nil Iron stake at the' Southwesterly corner of the granted premises und the Southeasterly c'orrier of the said right of way, at the said Roud; thence turning and running In w Easterly direction along said Road ninety-four (94 ) feet to file point of beginning, Be all of said measurement more or. less'and nil accord Ing to said plan. KM Together with ' a vlght ot „.,„. from the granted premises to iiw County Road running from Center- j ville to Barnstable over the Howl shown on safe! plan or us same may hereafter be relocated , Edith M. Conners reserving to herself, her heirs and assigns, tho right from time to time to relocate said Roadway, excepting such portion thereof as adjoins the granted premises. Said premises are hereby con- veyed subject to the zoning fans of the Town of Barnstable. I The granted premises are con I veyed subject to the following it- 1 strict inns: M hundred eleven (211) teet ^ to the Town Road ; thence easterly, by the Town Road , to the point of beginning about twenty-one (21) feet. Reserving to the public any legal rights of way it may possess over any part of said promises. Same contains twenty-two thou- sand nine hundred (22 ,900) square feet , be the same more or less, estimated at mean low water. The above described premises are hereby conveyed subject to the restrictions contained in deed of Chester Bearse to George E, Boi- ling, dated January 15, 1917, re- corded with Barnstable County Deeds, book 350, page 502. Also the land in said Barnstable shown as Parcel No. 3 on plan en- titled "Town of Barnstable, Plan of Long Beach. Road , Centerville , Barnstable, Massachusetts, as re- located by the Selectmen , Jan. 30, 1931, Nelson Bearse, Surveyor ," of Wequaquet Pineneedles . owned by Mary A. Tobin , dated 1927 and recorded with Barnstable Countv Registry of Deeds in Plan Book I Page 119, and boun ded and dfr scribed as follows: Beginning at a point at n„, Southeasterly corner ot tho grants,) premises and the Sautltwesterh- corner of Lot 9, as shown (m aSL\^ plan , said point being on a Roud shown on said plun; tlience running NorthweBlerly along said Lot No. 9, twu hundred six (206) feet to an Iron post; thence turning and running Southwesterly along said Lot No. 9; sixty-five (65) feet to the wafers of Lake Wequaquet; thence turning and running in a Southerly direction along said lake forty-four (44) feet to an Iron post at the Northeasterly corner or a right of way as shown on sail plan; Northerly by other land now or formerly of said John Hemmila two hundred fifty (250) feet more or less; Easterly and Northeasterl y by the waters of Aunt Betty 's Pond so-called about two hundred eighty-four (284) feet; and Easterly by land now or former- ly ot Edward Smith about sixty (00) feet more or less. Together with all rights in and to Aunt Betty 's Pond and any other pond rights appurtenant thereto, See plan of land entitled "Plan of land In Hyannls, Barnstable, Mass., belonging to Elise M. Otis Scale .1" equals 40 feet Dec. 1929 Nelson Bearse Surveyor , Center- ville, Mass." which said plan is duly recorded with Barnstable County Registry of Deeds. Being the same premises con- veyed to Anne S. Clifton by George F, Jewett et til , Trustees, by deed dated November 17th, 1943, record- ed with Barnstable County Regis- try of Deeds in Book 609, Page 133. Parcel 2 A certain parcel of land situated In that part of the Town of Barn- stable known as Hyannls, Massa- chusetts, together with all the bulldingB thereon, bounded and described as follows:— Beginning at the Northeast cor- ner ot the granted premises at a cement bound on Brooks Road ; ., thence running Southeasterly ,to a cement bound .at land of the Qld Colony Railroad Co., a distance one hundred ilfty-Uve and 51/1Q0 (155.51) feet; thence Southwesterly one hun- dred twenty and 52/100 (120,52) i feet; thence Northwesterly , one hun- dred fifty (150) feet to Brooks Road; thence'Northeasterly by Brooks Road to the point of beginning, distance seventy-nine and 48/100 (79.48) feet. Being Lot 8 on a plan of land entitled "Subdivision of Land In Hyannls, Mass., property of John Brooks, Scale l in—40 feet, March ,, 1924 , George F. Clements, C. B." and containing on area of 15,000 square feet, Parcel 3 The land In said Barnstable (Hy- annls), together with the buildings thereon , bounded and described as follows:.— LOTS 4, 5, (i and 7, a ssliown on a plan recorded with Barnstable County Registry of Deeds in Plan ! Book 12, Page 97, the title of said plan being "Subdivision of Land in Hyannls, Mass,, Property of No dwelling house or garage * signed for the occupancy by ran than one family, and no ilwelllni house not including garage, cosilti less than $4000.00 shall be erected or placed thereon ; the grantet) premises shall be used I'm' resi- dentlal purposes only; No building shall be erected or placed on the granted premises nearer than twenty-live (25) f«l to said Roadway, and no Imlldlnw. other than boathouses und M'- houses, shall be erected or (il«<«l on the granted premises, nearer then fifty (50) feet to the «rwafl> high-water mark of suld like. these restrictions nee IBTPMM for the benefit of suld Kdlm \ « Conners and may be WW* m writing by her. ParceP6 The land in that part of Bar? stable, Barnstable County, "sw chusetts, called Centervfile, w being shown as LOT 9 on Pl» » Wequaquet Pineneedles oWlien nj Mary A. Tobin, dated 1927, and «; corded in Barnstable County m istry of Deeds, 'Plan Book 47,. tw 118, ' and bounded and IMMI IW as follows^— ; . a, Beginning at, a poln " , ",. Southwesterly , covner of u ^ « ed preMises and the Southe te . corner 1 of. Li* 8. as shmv " ' 3 plan, ' said point being 'on a 1»» shown1 'on 'said plan ; . , ,, therieO running Nortboaste 1> » sold Road, ninety-three »¦ ' td ' the1 ,pner of , said RanI ««¦ .other' Road 'Shown on said I j ' thence , turning and r««g» Northwesterly; by the last n l?S»«?6 So-"^ ' 0,, , Sf. ' 1*S,v»!« - '-2 Southwesterly along «e • easterly boundary line of W ^ C, one hundred thirty-tow i feet to Wequaquet LaM; . .ln a thence turning and "'""'">.« generally Southerly dire ion ¦ said lake, fifty (60) feet to Lot 8; . ,.,,,,111118 thence turning oui , Si Northeasterly again by s» ¦ ,. sixty-five (05) feet to an "o ng thence turning and "' „ld Southeasterly as show ,g„ plan by said Lot 8, two 1. l;t|(),,el, (206) feet to the f flisl » lng Road, and the point of »< *• , „f Containing 27,890 souaie i , land; be all of said "f ttsm fll,d »» and contents more or !<"*. according to said plan. ( ,voy Together with a l („e from the granted PJ°»"^m Car, County Road, running ville to Barnstable , over the Road shown on said plan or as the same may hereafter be relocated , the grantor hereby reserving to itself , Its successors and assigns, the right from time to time to relocate said Roadway, excepting such por- tion thereof as adjoins the granted premises, and subject to such other reservations as are now of legal force and effect. Said premises are hereby con- veyed subject to (lie zoning luws of the Town of Barnstable, The granted premises are con- veyed subject to the following re- strictions: No dwelling house or garage de- signed for the occupancy by more than one famil y, and no dwelling house not including garage, costing less than $40ii(> ,uu shall be erected or placed thereon ; the granted premises shall be used for residen- tial purposes only; No building shall he erected or placed on ' the grantod premises nearer than twenty-five (25) feet to said Roadway, and no buildings , other than boathouses and bath- houses, shall be erected or placed on the granted premises nearer than fifty .(5(^ feet to the averuge hlgh-wuter mark of said lake. These restrictions are imposed for the , benelif of the grantor and may be waived in writing by it.. . There Is appurtenunt to the premises described in Parcels 5 and 6 herein, a right of way over the Road to Lot C as shown on said Plan, and' a right to use said Lot -iC for bathing purposes only, as set"ttH'th in instrument dated July. 20, 1946, recorded with said Deods in :Book 1157, Page 123. Being the 5th and 6th Parcels de- Robert Hugh Murphy dated Sep- tember, 1927, recorded with said Deeds in Book 449 , Page 405. Also the land In Barnstable, Burn- stable County, Massachusetts, bounded and described as follows: — A certain parcel of land situated in said Barnstable, bounded and described as follows:— On the South by land now or for- merly of John Slmpklns , the line be- ginning at a stake and stones at the corner of the granted premises by land now or formerly of William Dixon ; thence running South 22° East two hundred sixty-four and 6/10 (264,6) feet to a stake and stones; thence South 13° 15' East four hundred sixty-six (466) feet to a stake and stones ; thence South 58° East one hun- dred (100) feet; on tlie Eust by the land now or formerly of the grantor ; on the North by the land of said William Dixon ; and on the West by the land of said William Dixon. Also the land in the Town of Barnstable aforesaid, bounded and described as follows:— Northwesterl y by land of the heirs of Emma Cahoon deceased , six hundred forty (040) feet more or less; Westerly by the said heirs of Eninia Cahoon and land of the heirs or PranclB T. Bowles three hundred sixty-nine and 12/100 (369.12) feet; Northerly by land of the heli'B of Francis T. Bowles, two hundred seventy-eight and 4/10 (278.4) feet; Easterly by land of Hugh Murphy und land now or formerly of the heirs of Charles Nelson three hun- dred ninety-four and 34/100 (394.34) ly of said lieurse; thence In the same course still by land now or formerly of said Bearse; one hun- dred forty-four (144) feet to the Town Road; thence easterly by the Town Road , eighty (80) feet to land now or formerly of said Hall and the point or beginning. Beginning again at the first men- tioned bound running North 16° West, by land now or formerly of the Heirs of Andrus Bearse, about one hundred seventy-six and 8/10 (176.8) feet to a stone bound on the inside of the dike; thence in the same course about thirty- three (33) feet , by laud now or formerly of said Chester Bearse, to the waters of Centerville River ; thence southwesterly twenty (20) feet , by the river , to land now or formerly of said Chester Bearse ; thence South 16° East, about two Partial release dated October 15, 1917, recorded on October 28, 1947 With Barnstable County Registry of Deeds in Book 681, Page 350: — the lund in West Hyannisport , Town and County of Barnstable , Massachusetts , together with the buildings thereon, bounded and de- scribed as follows: — LOTS NOS. 19 and 20, BLOCK B, on the Northerly side of Center- ville Avenue shown on plan entitled "Plan or Lots at Cralgvllle Beach Estates, West Hyannisport, Mass. as laid out for Theodore E. Clifton , scale: 1 Inch = 80 feet , April 2, 1946 , Bearse & Kellogg, Civil Engl- neers, Centerville , Mass." duly re- corded with Barnstable County Reg- istry of Deeds . Said lots are together bounded and described as follows: — Northeasterly by Lot IS as shown on said plan , one hundred lll' teen (115) feet; Southeasterl y by Lot 9 as shown on said plan , one hundred three and 72/ 100 (103.72) teet; , Southwesterly by Centerville Avenue ; Westerly by a curved line having a radius or 2o at the intersection of, Centerville Avenue and Blossom Street ; and Northwesterly by Blossom Street, eighty '(80) feet.- Partial release dated April 21st, 194S, recorded on April 21, 1948 with Barnstable County Registry of Deeds in Buok 692, Page 252: — the land situated in West Hyan- isport, Town and County of Barn- stable , Massachusetts , being LOTS numbered 28, 29 and 30 in SECTION B, on the Northeasterly side of Cen- terville Avenue , shown on plan en- titled "Plan of Lots at Cralgvllle Beach Estates, West Hyannisport , .Muss, as laid out for Theodore E. Clifton , scale: 1 inch = 80 reet, April 2, 1916, Bearse & Kellogg, Civil Engineers, Centerville, Mass." duly recorded with Barnstable County Registry ot Deeds, said lots being more particularly bounded and described as follows:— LOT 28 bounded Southeasterly by Cranberry Lane, there measuring eighty (80) feet; Southerly by a curved line having u radius of 20 at the junc tion of Cranberry Lane and Centerville Avenue; Southwesterly Uy Centerville Avenue , there meusurlng tuirty- nino (89) feet; Northwesterly by ot 29 as shown on said plan, there measuring one hundred (100) feet; and Northeasterl y by "a portion of Lot 30 as shown on said plan , there meusurlng il.fty-ulne (59) reet, • LOT 29 bounded Partial release dated March 16, 1918, recorded on April 2, 1948 with Barnstable County Registry of Deeds , In Book 690, Puge 498: — .Ule' laii'd, together with the build- ings thereon , situated in West Hy- annisporl , Town and County of Barnstable, Massachusetts, bound-' ed and described as follows: — LOTS numbere d 1, 2, 3,-4 , 5, 6, 7, 8,' 11 12 18 11 15 id 17 18 and if) in Section A on the Northeasterly side of CraigvlJle Beach Road, shown on plan entitled "Plan of Lots at Cralg- ville Beacli Estates , West Hyannis- port , Muss, as laid out for Theodore E. Clifton, scale: 1 inch = 80 feet , April 2, 1946, Bearse & Kellogg, Civil Engineers, Centerville , Mass." duly recorded with Barnstable County Registry of Deeds. Also a certain puree! of land , shown on said plan , bounded and described as follows:— Southwesterly by Cralgvllle Beach Road , there measuring so feet; Northwesterly by land of Dr. Ailing, there measuring one hun- dred (100) feet; Northeasterly by land of Dr. Ailing, there measuring eighty (80) feet; und souineasterty hy Lot 28 as shown on said plan , there measuring one hundred (100) feet; . .Southwesterly by Centerville Avenue , there measuring fifty-live (50) feet; Ne-rthwostevly by lund of Wttin- wrlght, there measuring one hun- dred (100) feet; and Northeasterl y by a portion of Lot 30 as shown on said plan , there measuring mty-j ive (55) feet. LOT 30 bounded Southeasterly by Cranberry lane there measuring fifty-live (55) feef Southwesterly by Lots 28 and 29 as shown on said plun , there meas- uring one hundred fourteen (114) feet; Northwesterly by land of Waln- wright , there measuring eighty (80) leet; and Northeasterl y by Lot 81, there measuring one hundred twenty (120) feet. ' There Is granted as appurtenant to each of tho above described lotB a right of way in common with oth- ers now or hereafter entitled there- in over tbo rouds und streets as shown on said plan, for such pur- poses us said ways are now or may be commonly used.