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Newspaper Archive of
Barnstable Patriot
Barnstable, Massachusetts
September 29, 1949     Barnstable Patriot
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September 29, 1949
 
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L E G A L N 0 T I CE 8 MORTGAGEE'S SALE OF REAL ESTATE By virtue unci In execution ot the power of sale contained in a certain mortgage ot veal estate Riven by . CAPE COD KOOIl PRODUCTS, INC. '» corporation duly established under the laws of the Common- wealth of Massachusetts, having its principal place of business in Barn- stable (Hyannis) , Barnstable County, Massachusetts, to HYAN- NIS TRUST COMPANY, a banking corporation duly established under the laws of the Commonwealth of Massochusetts, having Its principal place of business in that part of the Town of Barntable known as Hyan- nis. Barnstable County, Massachu- setts, dated August 29th , 1947 , re- corded on September 2, 1947 , 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 Certificate of 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. 9288 and 17609, of which mortgage the 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 whiuh 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 681, Page 118:— the land, together with the build- ings thereon, situated in West Hy- annlsport, Town and County of Barnstable, Massachusetts, bound- ed and described as follows:— Beginning at the Northeast cor- ner ot the granted premises and at the Southeast corner of Lot 3 on plan hereinafter mentioned and at Red Lily Pond Road ; nfl*** thence running Southerly, South- easterly and Southwesterly by Red Lily Pond Road and Hyannla Town Road two hundred twenty and 98/00 (220.98) feet more or less, to land of Alheit; thence running Northwesterly by said Alhei t land .two hundred fifteen (215) teet 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; I Ml thence running Southeasterly by said Lot 3 one hundred eighty-five (185) feet more or less to Red Lily Pond Road, it being the point of beginning. The above described premises be- ing LOTS 1 and 2, BLOCK C, on the northwesterly side of Red Lily Pond Road, shown on plan entitled "Plan of Lots at Craigville 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. " dul y recorded with Barnstable County Registry ot Deeds. 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. Partial release dated.,October 15, 1947. recorded on October 28, 1947 with Barnstable County Registry of Deeds in Book 6S1, Page 350: — the land in West Hyannisport , Town and County of i 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 of Lots at Craigville Beach Estates, West Hyannisport , Mass. as laid out for Theodore B. Clifton , scale: 1 inch = 80 feet, April 2, 1946 , Bearse & Kellogg, Civil Engi- 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 18 as shown on said plan, one hundred fifteen (115) feet; Southeasterl y by Lot 9 as shown on said plan, one hundred three and 72/100 (103.72) feet; Southwesterly by Centerville Avenue; Westerly by a curved line having a radius of 20 at the Intersection ot Centerville Avenue and Blossom Street; and Northwesterly by Blossom Street, eighty (80) feet. Partial release dated March 16, 1948, recorded on April 2, 1948 with Barnstable County Registry of Deeds in Book 690, Page 498:— 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 1, 2, 3, 4, B, 6, 7, 8, 11 12 13 14 15 16 17 18 and 19 in Section A on the Northeasterly side of Craigville Beach Road, shown on plan entitled "Plan of Lots at Craig- ville Beach Estates, West Hyannis- port, Mass. as laid out for Theodore E. Clifton , Bcale: 1 Inch = 80 feet , April 2, 1946, Bearse & Kellogg, Civil Engineers, Centerville, Mass. " duly recorded with Barnstable County Registry of Deeds. Also a certain parcel of land, shown on said plan, bounded and described as follows:— Southwesterly by Craigville Beach Road, there measuring 80 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 ; and L E G A L N O T I C E S Southerly by Irving Street, there measuring one hundred (100) feet ; being Lot 137A on said plan. Together with rtghtfi" 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. Partial release dated March 81, 194S , recorded on April 7, 1948 with Burnstable County Registry of Deeds In Book t>!U, 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 Craigville Beach Estates, West Hyannisport , Mass. 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 ot Deeds, said lots being more particularly bounded and described as follows: — Northeasterly by Centerville Ave- nue, there measuring one hundred and five (105) feet; Southeasterly by Lot 8 as shown on said plan; Southerly by Lots 6 and 7 as shown on said plan , seventy and 72/100 (70.72) feet; Southwesterly by Lot 5 as shown on said plan, fifty-six and si/looths (56.81) 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 commonly used. Partial release dated March 31, 1948, recorded on April 9, 1948 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 of Centerville Avenue, shown on plan entitled "Plan of Lots at Craig- ville Beach Estates, West Hyannis- port, Mass. 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, 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 (100), feet; Southwesterly 'by Centerville Avenue, there ' measuring ninety (90) feet; > ' 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 (80) 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. Partial release dated April 21st, 1948 , recorded on April 21, 1948 with Barnstable County Registry of Deeds in Book 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 Craigville Beach Estates, West Hyannisport, Mass. 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, 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 a radius of 20 at the junction of Cranberry Lane and Centerville Avenue; Southwesterly by Centerville Avenue, there measuring thirty- nine (39) feet;. North westerly by ot 29 as shown on said plan , there measuring1' one hundred (100)i feet; and Northeasterly by a portion ot Lot 30 as shown on said plan, there measuring fl,fty-nine (59) feet. LOT 29 bounded Southeasterly by Lot 28. as shown on said plan, there measuring on* hundred (100) feet; Southwesterly by CententUW Avenue, there measuring flfty-ttve (65) feet; Northwesterly by land of Wain- wrlght, there measuring one hun- dred (100) feet; and Northeasterly by a portion of Lot 30 as shown on said plan, there measuring fifty-fiv e (65) feet. LOT 30 bounded Southeasterly by Cranberry lane, there measuring fifty-five (66) feet; Southwesterly by Lots 28 and 29 as shown on said plan , there meas- uring one hundred fourteen (114) feet; Northwesterly by land of Wain- wrlght , there measuring eighty (80) feet; and Northeasterly by Lot 31, there measuring one hundred twenty (120). feet. There IB granted as appurtenan t to each of the above described lots a right of way in common with oth- ers now or hereafter entitled there- to over the roads and streets as Bhown on said plan, for such pur- poses as said waya are now or may be commonly used. L E G A L N OT I C E S Partial release dated February 11, 1948, recorded on April 2(i , 1948 with Barnstable County Registry of Deeds In Book 692, Pago 125: — The followin g described land, and cranberry hog, situate In the Town of Chatham , Barnstable County aforesaid FIRST: Tho premises known us the "Star Bog" including the "Ce- dar Spring " or "Cedar Tree Bog," "Apple Tree Bog" and the "Nook Dog, " and also the "Buck Bog," and is bounded On the North and on the West by land now or formerly of Edward N. Johnson; agan on the North, on the East, on the North, on the West and on the North by land sometime of one Glendon now supposed to be of Richard Rich ; On the North and on the East by land now or for- merly of Katherlne F. Doane; On the South by land now or late of Elnathan E. 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. Said parcel has the benefit ot, and is subject to existing ease- ments. Meaning and intending to convey the premies conveyed to Elnathan E. Eldredge by deed of Lillian E. Harding dated April 25, 1938 and recorded With Barnstable County Deeds, Book 641, Page 299 and also the premises conveyed to Elnathan 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 firs t parcel described in the hereinunder men- tioned deed of Alonso Nlckerson, recorded, Book 617, Page 20, is the privilege to take sand for said par- cel of bog from the old aand hole at the North thereof , also the priv- ilege of a landing place South of said bog. Partial release dated August 8, 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 recorded with Barnstable County Registry of Deeds in Plan Book 47 , Page 119, and bounded and de- scribed as follows:— Beginning at a point at the Southeasterly corner of the granted premises and the Southwesterly cor- ner of Lot 9, as shown on Bald plan , said point being on a Road shown on said,plan ; thence running Northwesterly along said Lot No. 9, two hundred six (206) feet to an iron post; thence turning and running Southwesterly along said Lot No, 9, sixty-five (65 ) feet to the waters of Lake Wequaquet: thence turning and running in a Southerly direction along said lake forty-four (41) teet 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 (146) feet to an iron stake at the Southwesterly corner of the grant- ed premises and the Southeasterly corner of 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 said plan. . Together with, a right of way from the granted premises to the County Road running from Center- ville to Barnstable over the Road shown, on said plan or as same may hereafter be relocated, Edith M. Conners reserving to hersel f, her heirs and assigns, the right from time to time to relocate Bald Road- way, excepting such portion there- of as adjoins the granted premises. Said premises are ."hereby con veyed. subject to the kohing laws of tite 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 family, and no dwelling house not Including garage, costing, less* than. *4000.00 shall be erected or placed thereon ; the granted premises shall be used for residen- tial purposes only; No bttUding shall be erected on placed en the granted premises nearer than twenty-five (25) feet to said Roadway, and no building* other than boathouses, and bath- houses, shall be erected or placed on the granted prenvtees, nearer than tfty (60) feet to. the average high-water mark of itald lake- .. these restrictions aire imposed tor the benefitof said EdUth M. Coaners and may be waived In writing by her. ' The land in that part ot Barn- stable, Barnstable County, Massa- chusetts, called Centerville, and be- ing shown as Lot 9 on Plan of Wequaquet Pineneedles owned by Mary A. Tobin. dated 1927. and re- corded in Barnstable County Reg- istry of Deeds. Plan Book 47, Page 119, and bounded and described as 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 Road shown on said plan; thence running Northeasterly by said Road, ninety-three (93) foot to the corner of aald Road and an- other Road shown on said plan - ^ thence turning and running Northwesterly by the last men- tioned Road two hundred sixty- seven (267) feet to Lot C us shown on said plan; i thence, turning and running L E G A L N O T I C E S Southwesterly along the Southeast- erly boundary line of said Lot C, one hundred thirty-four (184) feet to Wequiuiliel Lake; thence turning and running In a generally Southerly direction along said lake , fifty (50) feet to said Lot 8; thence turning and running Northeasterly again by said Lot 8, sixty-five (05) teet to an Iron post; thence turning and running Southeasterly as shown on said plan by said Lot 8, 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, running from Center- 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 nre hereby con- vi ved 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 for the occupancy by more than one family, and no dwelling house not including garage, costing less than $4000.00 shall be erected or placed thereon; the granted premises shall be used for 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 buildings, other than, boathouses and bath- houses, shall be erected or placed on the granted premises nearer than fifty (50), feet to the average high-water mark of said lake. These restrictions are imposed for the benefit of the grantor and may be waived In writing by it. There is appurtenant to the premises described in Parcels 6 and 6 herein, a right ot way over the Road to Lot C as shown on said plan, and a right to use Bald Lot C for bathing purposes only, as' set forth in instrument dated July 26, 1946, recorded with said Deeds in Book 657, Page 123. Being the 5th and 6th Parcels de- scribed in said mortgage. Partial release dated November 23, 1948, recorded on November 26, 1948, with Burnstable County Reg- istry of Deeds in Book 708, Page 270: — The land situate in Orleans in said. County of Barnstable bounded and described as follows: On the West by a Town Way commonly called Bridge Road; . on the North, East-and South by land of 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 l!i , 1346, recorded with Barn- stable County Registry of Deeds in Book 659, Page 627. U Partial release dated August 3rd, 1948 , recorded on October 1, 1948 with Bnrnstable County Registry of Deeds in Book 704, Page 127: — A certain parcel of land, with the buildings thereon, in the Town of Barnstable < Cummaquid), in said County of Barnstable, 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 the State Highway, and at the Southeasterly corner of land now or formerly of Benjamin F Smith; thence, Northeasterly in ltn* 0f said Smith land, four hundred fifty- three and 58/100 (468.56) feet, more or, leBs,. to a stake; thence, Northerly still In line-of land now or formerly ot said ™f;,"??„ hundred, eighteen and 42/100 (618.42) feet,, more , or less, to a stake; * thence, Easterly still in line of land! now or formerly of said Smith, sixty (60) feet to a stake" thence, Southerl y in line of land now. or formerly ot Charles W Nel- son and partly by tend now or for- merly of Joseph Whlttemore (later Berth. F. Smitlb) five hundred aighty-six and 78/100 (586.78) feet more or less, to * stake- thence, Southwesterly in nne of last mentioned lands, eighty-three and 59/100 <88JW> feet. 8 more or was, to a stake-; thence, Southerly still in line of test mentioned! lands, two hundred ninety-five and 34/100 (295.36) feet, more or less, to a stake- iJ« e T, ' 8«*"M»*t«ly ' BUM In wL 0 £. ,a8t awnti«»ed lands, one w! i 6) , f ^!* to * 8t *ke in said Northerly Use of said State Hich- w \ y S"* Md 88/100 ("-SB) bound " * MMMcl,use"<' Highway thence. Westerly in a curre bv said Northerly line of said State Highway, one hundred ninety-five Zi 5 , 9™°J"&.59) teet more or bound? * MM8BchUBe"s Highway thence, Northwesterly in said Northerly line of said state High- way. one hundred thirty-five and 82/ 00 (135.82) feet, more or less to the point of beginning. ( i X n iae three and 66/100 (3J36) acres, more or less. A. ?L*Tro Partl°ul«J Southwesterly corner of the gwj| ed premises and the Southeast^ corner of Lot 8, as shown on «¦ ¦ plan, said point being on a H shown on said plan; ¦ thence running NortheaBteriyi«| said Road, ninety-three (93) »¦ to the corner of said Road and V other Road shown on said Plsn ;l| thence turning and runmsj Northwesterly by the last « tloned Road two hundred jMW seven (267) feet to Lot C as sliov on said plan; ,m thence turning and ™™"M Southwesterly along the b°»W| easterly boundary line of said W C, one hundred thirty-four (»¦ feet to Wequaquet Lake; ¦ thence turning and running i»B| generally Southerly direction aiogj said lake, fifty (50) feet to *«| Lot 8; , ; ¦ thence turning and J»nwfl| Northeasterly again by said I>» 1 «| sixty-five (65) feet to an iron V*m thence turning and r""n B Southeasterly as shown on -aj plan by said Lot 8, two hundred B (206) feet to the first " ie, '"'B| Road, and the point of l>W''n ' f l | Containing 27,890 square fee™ land ; be all ot said measure " «¦ and contents more or less, »<"> ¦ aocording to said plan, ¦ Together with a right o JJ from the granted •" •mtgj '\° M County Road, running now ^