Docstoc

Complaint

Document Sample
Complaint Powered By Docstoc
					STATE OF MAINE                                           SUPERIOR COURT
YORK, ss.                                                CML ACTION
                                                         DOCKET NO. RE-09-

Robert F. Almeder and Virginia S.        )
Almeder, Trustees under the Almeder )
Living Trust dated October 28, 2008;     )
Christopher B. Asplundh; John T.         )
Coughlin and Priscilla M. Coughlin, )
Trustees of P.M.C. Realty Trust;         )
Willard Parker Dwelley, Jr.; W. Parker )
Dwelley, III, and John H. Dwelley, Co- )      COMPLAINT FOR DECLARATORY
Trustees of the Joan H. Dwelley          )     JUDGMENT AND QUIET TITLE
Testamentary Trust; Robert B.            )
Eisenberg and Leslie A. Eisenberg, as )
joint tenants; Janice M. Fleming; John )
O. Gallant and Sharon A. Gallant, as     )
tenants by entirety; Jule C. Gerrish;    )
Eugene R. Gray, Trustee of the           )
Qualified Personal Residence Trust       )
dated October 31, 2005; Edwina D.        )
Hastings, Trustee of the Edwina D.       )
Hastings Revocable Trust UTA dated )
August 25, 2006; Leslie A. Josselyn-     )       (Title to Real Estate Involved)
Rose, Trustee of the LAJR Trust dated )
February 24, 2009; Deborah J. Kinney; )
Terrence G. O’Connor and Joan M.          )
Leahey, as joint tenants; Paley Family )
 Homes, LLC; Charles L. Nickerson,        )
 Successor Trustee of the Albert Palmer )
 Trust dated June 13, 1984; Kristen B.    )
 Raines; Linda M. Rice; Michael J.        )
 Sandifer and Alice B. Sandifer, Co-      )
 Trustees of the Alice B. Sandifer Trust )
 dated August 31, 2005; Eleanor A.        )
 Scribner and Robert H. Scribner,         )
 Trustees of the Eleanor A. Scribner      )
 Qualified Personal Residence Trust       )
 dated July 30, 2004; Carolyn K.          )
 Sherman; J. Liener Temerlin and Karla)
 Sue Temerlin, Trustees of the Temerlin)
 1988 Family Trust dated October 1,       )
 1998, amended April 5, 1999 and June 1, )
 2007; Richard M. Vandervoorn,            )
 Lawrence W. Vandervoorn, and Robert )
 O. Clemens, Trustees of The Cornelius )
J. Vandervoorn Qualified Personal
Residence Trust; and Beth G. Zagoren,

                    Plaintiffs,



TOWN OF KENNEBUNKPORT and
ALL PERSONS WHO ARE
UNASCERTA1NED, not in being,
unknown or out of the State, heirs or
legal representatives of such
unascertained persons, or such persons
as shall become heirs, devisees or
appointees of such unascertained
persons who claim the right to use or
title ill Plaintiffs’ Property other than
persons claiming ownership or easement
by, through, or under an instrument
recorded in the York County Registry of
Deeds,

                    Defendants.


       Plaintiffs (more fully described bdow) through their undersigned attorneys, complain

against defendants and allege as follows:

                                             PARTIES

       1.       Plaintiffs own real property in an area known as Goose Rocks Beach, Town of

Kelmebunkport, County of York, State of Maine. Said Goose Rocks Beaci~ is situated on the

southeasterly side of Kings Highway, extending from The Batson River northeasterly to the

Little River.

       2.       Each plaintiff, owns beachfront property at said Goose Rocks Beach, and each

plaintiffs respective deed or that of their predecessor in rifle to the property runs to the Atlantic

Ocean, to the sea, to the ocean, or to the "low water mark" of the Atlantic Ocean.
       (a)   Each Plaintiff or their predecessor in title has been in possession of their property

at said Goose Rocks Beach for more than fotlr years.

      3.      One portion of each plaintiff’s property which is the subject matter of this action

is kaown as the "intertidal land", comprised of plaintiffs’ property affected by the tides between

the mean high watermark and either 100 rods seaward from the high watermark or the mean low

watermark, whichever is closer to the mean high watermark (hereinafter referred to in this

complaint as the "Intertidal Property").

      4.      The second portion of each plai_nfiffs’ property which is the subject matter of this

litigation is the property located l~pland from the high water mark and to the seawall or

landscaped portion of plaintiffs’ property (hereinafter referred to in this complaint as "Plaintiffs’

Upland Property"). Together, the "Interti.dal Property" and "Plaintiffs’ Upland Property"

comprise the beach portion of plaintiff’s property at Goose Rocks Beach, and when used in this

complaint, will collectively be referred to as "Plaintiffs’ Property."

       5.     Plaintiffs Robert F. Atmeder and Virginia S. Almeder, as Trustees of the Almeder

Living Trust dated October 28, 2008, are owners of real property situated at 113 gSngs Higlaway,

Kennebunlcport, County of York, State of Maine, by virtue of a deed recorded in the York

Registry of Deeds, Book 15659, Page 864.

       (a)   A la-ue copy of the deed is attached as Exhibit 1 to this Complaint.

       6.    Plaintiff Christopher B. Asplua~dh is the owner of real property situated at t 7

Sandpoint Road, Kennebtmkport, County of York, State of Maine, by virtue of a deed recorded

in the York Regislxy of Deeds, Book 1979, Page 551.

       (a)   A true copy of the deed is attached as Exhibit 2 to this Complaint.
      7.      Plaintiffs John T. Coughlin and Priscilla M. Coughlin, as Trustees of P.M.C.

Realty Trust ("PMC"), are the owners of real property situated at 115 Kings Highway,

Kermebunkport, County of York, State of Maine, by virtue of a deed recorded in the York

Registry of Deeds, Book 3085, Page 5.

       (a)   A true copy of the deed is attached as Exhibit 3 to this Complaint.

       8.    Plair~tiffs Willard Parker Dwelley, Jr., individually, and W. Parker Dwelley, III,

and John H. Dwelley, Co-Trustees of the Joan H. Dwelley Testamentary Trust, as tenants in

common (hereinafter "Dwelley"), are owners of real property situated at 23 Sandpoint Point

Road, Kennebunkport, County of York, State of Maine, by virtue of deeds recorded m the York

Registry of Deeds, Book 12248, Page 9 and Book 15577, Page 679.

              True copies of the recorded deeds are attached as Exhibit 4 and Exhibit 4-1 to this

Complaint.

      9.      Plailatiffs Robert B. Eisenberg mad Leslie A. Eisenberg, as joint tenants, are

owners of real property situated at 167 Kings Highway, Kennebunkport, Cotmty of York, State

of Maine, by virtue of a deed recorded in the York Registry of Deeds, Book 11817, Page 222 and

Book 11817, Page 224.

       (a)   A true copy of the deed is attached as Exhibit 5 and Exhibit 5-1 to this Complaint.

       10. Plaintiff Janice M. Fleming is owner of real property situated at 227 Kings

Highway, Kennebunkport, County of York, State of Maine, by virtue of a deed recorded irt the

York Registry of Deeds, Book 13696, Page 59.

       (a)   A true copy of the deed is attached as Exhibit 6 to this Complaint.




                                             4
       11. Plaintiffs John O. Gallant and Sharon A. Gallant, as tenants by entirety, are

owners of real property situated at 219 KJngs Highway, Kennebunkport, County of York, State

of Maine, by virtue of a deed recorded in the York Registry of Deeds, Book 8413, Page 198.

       (a)    A true copy of the deed is attached as Exhibit 7 to this Complaint.

        12.   Plaintiff Jule C. Gerrish is the owner of real property situated at 173 Kings

Highway, Kennebtmkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 1819, Page 32 conveying said property to Everett H. Gerrish mad

Jule C. Gerrish, as joint ter~ants.

        (a)   A tree copy of the deed is attached as Exhibit 8 to this Complaint.

        (b)   Everett H. Gerrish is now deceased.

        13.   Plaintiff Et~gene R. Gray, as Trustee of the Qualified Personal Residence Trust

dated October 31, 2005 (the "Gray QPRT Trust"), the Gray QPRT Trust is owner of real

property situated at 183 Kings Highway, Kelmebunkport, County of York, State of Maine, by

virtue of a deed recorded in the York Registry of Deeds, Book 14656, Page 916.

        (a)   A true copy of the deed is attached as Exhibit 9 to this Complaint.

        14.    Plaintiff Edwina D. Hastings, as Trustee of the Edwina D. Hastings Revocable

Trust under Trust Agreement dated August 25, 2006 (the "Hastings Trust"), is owner of real

property situated at 221 Kings Highway, Kennebunkport, County of York, State of Maine, by

virtue of a deed recorded in the York Registry of Deeds, Book 14999, Page 766.

        (a)   A true copy of the deed is attached as Exhibit/0 to this Complaint.

        15.    Plaintiff Leslie A. Josselyn-Rose, as Trustee of the LAJR Trust dated February

24, 2009 (the "Trust"), the Trust is owner of real property situated at 251 Kings Highway,
Kermebunkport, County of York, State of Maine, by virtue of a deed recorded in the York

Registry of Deeds, Book 15587, Page 491.

       (a)   A true copy of the deed is attached as Exhibit I 1 to this Complaint.

       I6. Plaintiff Deborah J. Kinney is owner of real property situated at 223 Kings

Highway, Kennebunkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 9721, Page 278.

       (a)   A true copy of the deed is attached as Exhibit 12 to this Complaint.

       17.   Plaintiff Charles L. Nickerson, Successor Trustee of the Albert Palmer Trust

dated June 13, 1984 (the "Palmer Trust), is owner ofreaI property situated at 217 Kings

Highway, Kennebunkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 4354, Page 48.

       (a)   A tree copy ofth6 deed is attached as Exhibit 13 to this Complaint.

       18.   Plaintiffs Terrence G. O’Connor and Joan M. Leahey, as joint tenants, are owners

of real property situated at 195 Kings Highway, Kennebunkport, County of York, State of

Maine, by virtue of a deed recorded in the York Registry of Deeds, Book 13253, Page 87.

       (a)   A tree copy of the deed is attached as Exhibit 14 to this Complaint.

       19.   PlaintiffPaley Family Homes, LLC, a Connecticut limited Iiability company, is

owner of real property situated at 153 Kings Highway, Kennebmakport, County of York, State of

Maine, by virtue of a deed recorded in the York Registry of Deeds, Book 15495, Page 120.

       (a)   A ~rue copy of the deed is attached as Exhibit 15 to this Complaint.

       20. Plaintiff l~isten B. Raines is owner of real property situated at 249 Kings

Highway, Kennebunkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 14147, Page 614.




                                              6
       (a)   A tree copy of the deed is attached as Exhibit 16 to this Complaint.

       21.   Plaintiff Linda M. Rice is owner of real property situated at 193 Kings Highway,

Kennebunkport, County of York, State of Maine, by virtue of a deed recorded in the York

Registry of Deeds, Book 7955, Page 127.

       (a)   A true copy of the deed is attached as Exhibit 17 to this Complaint.

       22. Plaintiff Michael J. Sandifer and Alice B. Sandifer, Co-Trustees of the Alice B.

Sandifer Trust dated August 31, 2005 (the "Sandifer Trust"), are the owners of one-half interest

in real property situated at 253 Kings Highway, Kennebunkport, County of York, State of Maine,

by vimCe of a deed recorded in the York Registry of Deeds, Book 14627, Page 144.

       (a)   A true copy of the deed is attached as Exhibit 18 to this Complaint.

       23.   Plaintiff Eleanor A. Scribner a~.d Robert H. Scribner, Trustees of the Eleanor A.

Scribner Qualified Personal Residence Trust dated July 30, 2004 (the "Scribner Trust"), are the

owners of real property situated at 291 I~dngs Highway, Kennebunkport, County of York, State

of Maine, by virtue of a deed recorded in the York Registry of Deeds, Book 14225, Page 139.

       (a)   A tree copy of the deed is attached as Exhibit 19 to this Complaint.

       24.   Plaintiff Carolyn K. Sherman is owner of real property situated at 109 Kings

Highway, Kennebunkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 9721, Page 281.

       (a)   A true copy of the deed is attached as Exhibit 20 to this Complaint.

       25.    Plaintiffs J. Liener Temerlin and Karla Sue Temerlin, Trustees of the Temertin

1988 Family Trust dated October 1, 1998, as amended (the "Temerlin Trust"), are the owners of

real property situated at 29 Sandpoint Road, Kennebunkport, County of York, State of Maine, by

virtue of a deed recorded in the York Registry of Deeds, Book 15455, Page 875.




                                              7
      (a)    A true copy of the deed is attached as Exhibit 21 to this Complaint.

      26.    Plaintiff Richard M. Vandervoorn, Lawrence W. Vandervoorn, and Robert O.

Clemens, Trustees of The Cornelius J. Vandervoorn Qualified Personal Residence Trust (the

’°Vandervoorn Trust"), are the owners of real property situated at 177 Kings Highway,

Kenneb~nkport, Cotmty of York, State of Maine, by virtue of a deed recorded in the York

Registry of Deeds, Book 15718, Page 584.

       (a)   A true copy of the deed is attached as Exhibit 22 to this Complaint.

       27.   Plaintiff Beth G. Zagoren is owner of real property situated at 215 Kings

Highway, Kermebunkport, County of York, State of Maine, by virtue of a deed recorded in the

York Registry of Deeds, Book 5931, Page 340.

       (a)   A tt~e copy of the deed is attached as Exhibit 23 to this Complaint

       28.   Defendant Town of Kennebunkport is a municipal corporation organized under

the laws of the State of Maine and situated in the County of York, State of Maine (hereinafter the

"Town of Kenneburtkport").

       29.   All persons who are unascertained, not in being, unknown or out of the State,

heirs or legal representatives of such anascertained persons, or such persons as shall become

heirs, devisees or appointees of such unascertained persons who claim the right to use or title in

Plaintiffs’ Property other than persons claiming ownership or easement by, through, or under an

instrument recorded in the York Courtty Registry of Deeds (hereinafter "individual defendants"),

and who have trespassed upon Plaintiffs’ Property and have used or claim the right to use

Plaintiffs’ Property for unlawful uses, including, but not limited to bathing, sunbathing,

picnicldng and other recreational activities.
                                FACTUAL ALLEGATIONS

       30.   Goose Rocks Beach is approximately two miles long and with the exception of

certain parcels owned by the Kennebtm_lcport Conservation Trust and the Town of

Keaanebunkport, which grants access to their parcels to the genera1 public, is owned by individual

property owners including the plaintiffs to this action.

       31.   Portions of Plaintiffs’ Property are subject to the ebb and flow of tides of the

Atlantic Ocean, such portion of plaintiffs’ property known as "Intertidal Property" as defined in

paragraph 3 supra.

       32. Plaintiffs are vested with title in fee simple absolute to that portion of Plaintiffs’

private land above and abutting the mean high water mark, or Plaintiffs’ Upland Property.

       33. Plaintiffs are also vested with title in fee simple absolute to the Intertidal Property,

subject only to the exercise of the rights to fish, fowl and navigate thereon as established by the

Colonial Ordinance of 1647.

       34. The Town of KennebuIk:port, the individual defendants and the general public

have no right, title or interest in Plaintiff’s Upland Property.

       35. The Town of Kennebunkport, individual defendants and the general public have

no right, title or interest in Plaintiffs’ Intertidal Property except as delimited in the Colonial

Ordinance of 1647.

       36. The Town of Kermebunkport does not have any recorded title interest in any of

Plaintiffs’ Properties.

       37. The 2009 Kennebunkport Comprehensive Plan, Amended June 9, 2009

("Comprehensive Plan"), at Chapter X: Recreational and Cultural Resources, Section 2,

Privately-Owned Facilities Open to the Public, referring to Goose Rocks Beach states as follows:
      [p]rivate and municipal ownership; sticker parking; right of way via five town-
      owned lots with frontage; approximately two mile beach; swimming, scenic
      views; sailboating, jogging; bird watching; cross country skiing in winter.
      Although the privately~owned areas of the beach are not open to recreational use
      other than walking, the public beach receives heavy use. (emphasis added).

       38. The "five town-owned lots with frontage" described in the Comprehensive Plan

m’e owned by the Kermeburtkport Conservation Trust and/or the Town of Kennebunkport, and

those portions of Goose Rocks Beach are open to the public for the recreational uses described in

the Comprehensive Plan.

       39. As indicated in the Comprehensive Plan, the remainder of Goose Rocks Beach

includes Plaintiffs’ Property, which is privately owned and not open to recreational use by the

general public.

       40.   In recent years, unlawful use of Plaintiffs’ Property by individual defendants

under claim of right without plaintiffs’ consent and over plaintiffs’ objections has occurred in

ever-increasing numbers. Such uniawful use includes but is not iimited to sunbathing, setting of

bonfires, picnicking, and storing of boats on the beach.

       41. In recent years, the Town of Kermebunkport and its Selectmen have taken the

following actions that deprive Plaintiffs of their property rights by permitting individual

defendants tacit or overt use of Plaintiffs’ Property:

       (a)   The Town of Kelmebunkport and its Selectmen have authorized the use of buses

by private entities for the purpose of transporting individual defendm~ts to Plaintiffs’ Property to

facilitate public recreational use of Plailatiffs’ Property.

       (b)   The Town of Kennebunkport and its Selectmen have recently refused to instruct

its police officers to protect Plaintiffs’ Property from trespassing by individuals when requested

to do so by various plaintiffs and other property owners.




                                              10
       (c)   The Town of Kennebunkport and its Selectmen have encouraged and failed to

restrict the unlawful use by individual defendants of Plaintiffs’ Property and that of other

property owners at Goose Rocks Beach.

       (d)   The Town of Kermebumkport and its Selectmen have rethsed to protect the

privacy of Plaintiffs in the vicinity of Plaintiffs’ Property.

       (e)   The Town of Kennebmakport through its town manager, by letter dated October

31, 2008, stated to plaintiffFieming as follows:

       Please be advised that the Town of Kennebunkport does not acknowledge the
       legitimacy of any claim of restricted access to members of the public that is
       implied or asserted by your placement of [a sign stating, "Reserved access.
       Private beach. No public access."]...The Town believes that this attempt to
       restrict access to and use of the Beach is contrary to the traditional and long-
       established patterns of open public recreational use of Goose Rocks Beach that
       have existed without interruption for generations of residents and visitors.

A true and accurate copy of this letter from Larry S. Mead to Janice M. Fleming is attached

hereto as Exhibit 24.

       42.   At various times, plaintiffs have permitted individnals to use their Property for

recreational purposes included but not limited to walking, sunbathing, and picnicking. Plaintiffs

have either explicitly granted such permission, or due to the incidental nature of such

recreational use, have implicitly granted such permission.

       43.   When plaintiffs have r~ot permitted individual defendants to use Plaintiffs’

Property for recreational purposes, plaintiffs have either requested that individual defendants

leave Plaintiffs’ Property, have posted "no trespassing" signs on their property, or have called

upon the Kennebunkport municipal officials to enforce plaintiffs’ property rights by asking

individual defendants to leave Plaintiffs’ Property.




                                              11
       44. By permitting and at times encouraging public recreational use of Plaintiffs’

Property beyond the incidental use permitted by plaintiffs, and by refusing to assist plaintiffs in

enforcing their property rights at Goose Rocks Beach, the Town of Kennebunkport and its

Selectmen have created the apprehension that a cloud exists upon the title of Plaintiffs’ Property

limiting the use mad enjoyment of Plaintiffs’ Property, and depreciating the market value of

Plaintiffs’ Property.

                                     COUNT I
                              DECLARATORY JUDGMENT

       45.   Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 44

of the Complaint and incorporate each by reference as if set forth herein.

       46. The status of plaintiffs’ right title and interest in the Intertidal Property and

Plaintiffs’ Upland Property is in dispute given the actions of the Town of Kennebunkport, the

Selectmen, the individual defendants, artd the general public who use Plaintiffs’ Property for

recreational purposes beyond those uses permitted in the Colonial Ordinance of 1647, namely

fishing, fowling, and navigation.

       WHEREFORE, pursuant to the Maine Declaratory Judgments Act, 14 M.R.S. §§ 5951-

5963, plaintiffs request the court to grant a judgment in their favor declaring:

       (a)   defendants and every person claiming by, through or under them be barred

absolutely from all claims and any right, title, interest or estate in Plaintiffs’ Property, or

alternatively, defendants and every person claiming by, through or under them be barred

absolutely from all claims and any right, title, interest or estate in Plaintiffs’ Property, subject to

the rights of usage in the Intertidal Property established by the Colonial Ordinance of 1647; and

       (b)   plaintiffs are vested with title to Plaintiffs’ Property free and clear of all claims by

said defendants or any person claiming by through or under them subject only to the public rights



                                              12
of usage in the Intertidal Property established by the Colonial Ordinance of 1647 which

judgment shall operate directly on Plaintiffs’ Property and shall have the force of a release made

by or on behalf of all defendants of ail claims inconsistent with the title established or declared

hereby; and

       (c)      Any other further relief, including equitable relief, as the court deems just and

appropriate.

                                         COUNT II
                                        QUIET TITLE

       47.     Plaintiffs repeat and reallege the allegations contained in paragraphs 1 through 46

of the Complaint and incorporate each by reference as if set forth herein.

       48. This claim is brought pursuant to I4 M.R.S. §§ 6651-6663 to quiet title and

remove any clo~ld of apprehension over plaintiffs’ title to Plaintiffs’ Property, as threatened by

defendant Town of Kelmebunkport and defendant Selectmen’s recent statements and actions

indicating that these defendants view the punic to have an easement for general recreation over

Plaintiffs’ Property.

       49.     This claim is also brought pursuant to 14 M.R.S. § 6652 to remove other claims

by the general public and persons unl~own for use of the property by grant, prescription,

custom, or in any other way.

       50.     For over four (4) years, plaintiffs and those under whom they claim have been in

uninterrupted possession of Plaintiffs’ Property.

       51. An apprehension exists that defendants claim or may claim some right, title or

interest in all or a portion of Plaintiffs’ Property adverse to plaintiffs’ ownership by reason of the

fact that the individual defendants and the Town have claimed the right to use and continue to

use Plaintiffs’ Property as a public beach for recreational and other purposes without plaintiffs’



                                              13
permission, over plaintiffs’ objections and adversely to plaintiffs’ interest; and that defendant

Town of Kennebul~kport and Selectmen have taken steps to further this public use, including

preventing plaintiffs from posting signs and otherwise refusing to recognize it as their private

property.

         52.   Defendant Town of Kermebunkport has specifically claimed a right of the public

to use Plaintiffs’ Property allegedly established by custom, prescription, or othel~vise.

         53. The aforesaid apprehension creates a cloud upon plaintiffs’ title.

         54.   Plaintiffs claim title to Plaintiffs’ Property by virtue of the deeds identified herein.

         55.   Plaintiffs seek to quiet and establish their title to Plaintiffs’ Property with respect

to the claim of rights of defendants herein and to all other persons claiming an ownership interest

in Plaintiffs’ Property not evidended by a document recorded in the York County Registry of

Deeds.

         WHEREFORE, Plaintiffs demand judgment against defendants as follows:

         (a)   Defendants and every person claiming by, through or under them be smmnoned to

show cause why they should not bring an action to try their claim to title to Plaintiffs’ Property;

and

         (b)   Defendants and every person claiming by, through or under them be barred

absolutely from all claims and any right, title, interest or estate in Plaintiffs’ Property, or

alternatively, defendants and every person claiming by, through or under them be barred

absolutely from all claims and any right, title, interest or estate in Plaintiffs’ Property, subject to




                                               t4
the limited public right in the Intertidal Property to fish, fowl and navigate as defined in the

Colonial Ordinance of 1647; and

         (c)     The plaintiffs are vested with title to Plaintiffs’ Property free and clear of all

claims by said defendants or any person claimizqg by through or under them, or, alternatively,

defendants and every person claiming by, through or under them be barred absolutely from all

claims and any right, title, interest or estate in Plaintiffs’ Property, subject to the public rights in

the Intertidal Property established under the Colonial Ordinance of 1647 to fish, fowl and

navigate only, which judgment shall operate directly on Plaintiffs’ Property and shall have the

force of a release made by or on behalf of all defendants of all claims inconsistent with the title

established or declared hereby; and

         (d)     The plaintiffs are entitled to costs against any defendant or defendants who shall

assert in this action a claim or claims adverse to the plaintiffs; and

         (e)     The judgment in this action shall be recorded in the Registry of Deeds in this

cotmty within thirty (30) days after it is granted; and

         (f)     For such other and further relief as the court deems just and proper.




Dated: October 23, 2009

                                                                       Susan E. Schorr, Bar No. 9865
                                                                       CURTIS THAXTER STEVENS BRODER
                                                                       & MICOLEAU LLC
                                                                       One Canal Plaza / P.O. Box 7320
                                                                       Portland, Maine 04112-7320
                                                                       (207) 774-9000

                                                                       Attorney for plaintiffs


O:\SST~Goose Rocks Beaoh 49674-100kDRAFTS\Complaint Draflsk2009 10 23 COMPLAINT final.doe




                                                                15
 ~[eco~iing r~u~-.,~t~l by.’

 Sm-fth &. Assoctate~,
 P.O. Bo~



                                           QUITCLAIM DEED
                                           (Mai~e Stamtox3, ~qho~t

      ~./e, P-.obe~t E Almeder and Virginia S. A~meder, of ~e To~ of K~ehunkpo~, ia ~e
Cou~ of York ~ S~ ~ Ma~e, for no~a~] comt~ratioa, ~a~t m Ro~ ~. Almeder ~d
Vi~g~nh S. ~eder, T~te~, o~ ~eir succ~s in ~t, under ~e ~m~er ~g Tm~t d~ed
Orm~r 28, 2~8, and any ~endmen~ t~e~, ~t~ a ~fl~ addtem of i13 ~n~ H~y,
Kennebu~ Ma~e 0~46; ~ QU1TC~IM CO~N~, ~e land in ~e To~ of
Ke~nebu~po~ in ~e Coun~ of York and S~ of Maine as deeded verha~m in a deed flora
Ro~ F. ~m~er ~d Vt~n~ S, ~er, Tm~e~ nad~ the ~medet/i~ng T~t dat~
Octo~r 28, 2~ to Robe~ F. ~meder and V~rginia S. ~m~er, said deM ~ng ~t~ May 20.
    and recorded in ~e York ~un~ Reg~ of Deeds at Book (~ &~$ , Pa~ ~.

                                              SEE ~EXHiBtT A" ATTACHED
                      Phy~k-al Locatioru      t 13 Kings H[ghw.~., Kennebunkport, York Co~nly, Maine

      IN W~TNESS WHEREOF, we, Robert F- Almeder artd Virgird~ S. ~meder, h~ve
hereumo set our hands a~ ~s on ~& ~ ,20~ ~




STATE OF MAINE                                                   G-u~. ~_ .... 2009
COUNTY OF YORK,

     Then personally appeared the a~ve n~ Rob~ F. ~eder and V~g~ S. ~meder,
who a~nowtedged ~e fore~ing im~m~m to ~ ~eir ~ act ~d deed.

                                                            Before me.




                                                                 ~,.-~,~.~ ........... . ........ ,
                                                           [L.




                                                                                                      EXHIBIT
                                            EXHIBIT A

       ’\A cereMrt pared of lartd together with arty improvements tbeteon and all right~
appurtenant thereto, Incited in ~e~ebtlnkport, York Count~, Maine, irt the area thereof known
as Go0~e Rocks Beach, being hourtded and described as

        Begixming at a point on die southezzter|F sideline of Bamon River Road, also known us
Kitwa HighwaT, whick Ls shown on the Plan of Land of Emxnom Heirs, dated December, 192t and
recorded La the York County Regiatt~ of I)eed.s in Plan Book 8, Page 73, and which polar is the
westerly conner of that portion of Lot 1.0 *z shown on said Plan which iies southeasterly of said
Road;

       Thence $ 44" 30’ E zJong the sideline of Lot i0 and oo a ,waight line to the tow water
mark of the Ocean;

         Thence southwesterly, a/ong said low water mark, 99 feet, morn or less, to a pokat;

       Thence N 44" 04’ W ot~ a straight line aad along the sideli~e of Lot 12 as shown on said
Plan, which ma~, have been or ma~ be the ~Sdeline of a pedestaian v~y. to the southeasterb/sideline
of Kings Highway (Barren Ri~er Rnad)~

      "~ence northeasterly along said so~ttheasterly siddine of Kings I-[igb.wa~/to the point of
beginnir~.

       Together with, or ~ubject to, ~e fol[owing~ ta dm extent they affect the same: ezsements
from Helen M. Towrm to Central Marne Power Company arid New Ertghud Telephone and
Telegraph Company dated Apzi129, I957 and July 22, 1966, recorded in the York County
Regks~, of Deeds in Book I355. Page 460, and Book 1720, Page 493. respecrivdy; mad an Order
oft_he Maine DEP dated November 7, 1994. recorded in sa~d Registry in Book 7252. Page 269-

       Title Reference is made to the deed of Char[es-W. Smith, exeeut~ of the estate of Hden
M. Tow~m, dared October 11, 1928 and recorded in said Registry in Book 2347, Page 189; deed of
Marjorte C~mpbdl and John F_ Gillespie dated Octohe~ 23, i978, recorded ha said Registry in
Book 2437, Pa~e 187; and deeds between Virginia S, Almeder and Robert F. ALmeder both dated
October 25, 1994, recorded ~satd Registw in Book 7258, Page* 179 and 180."


The within de~d yeas preFarecl using a description prouiderl to the drafter. No independent ftde search wa~ performed
~-ad the dnd~er ~:cif~calls, makes no wartamies ~eg~dkng tke acctrr~-~/of d~e i~form~rion contained herei~




                                                     l~nd of Document
~        "I, Leopold A. Viger of Biddeford, County of York, State of

Maine



                         one dollar and other valuable considerations




peid bY Christopher B. Asplund!l of. 3700 Buck Road, Huntington,

P~nnsylvani~.




~m~0 ~~ trite %~ sai~          Christopher B. Asplundh


his


~Sand Point~’~ so-called, at ~oose Rock~ Beach, so-calle~ in said
Kennebunkport, bounded and described ~s foliows, to wit:

"Beginning[~at ~ point ah ~he northwesterly corner of th~paxcel of
land herein conveyed, end:in the southerly side line oZ a twenty~foot
private ~ay., and two hundred thirty=three (233) feet distant from the
most ~asterly side line of the property of one Dorothy Migna~it~
measured along a line perpendicularlto said l~ne of said Mignault
prQperhy, and passing through said point, which said point is to be
marked with a suitable monument to be erected by said Grantors and
Grantee; thence Easterly by the southerly side line of said twenty
foot ~rivnte way, one hul~dred (i00) feet, to a point to be later
designated or marked by a suitable monument to be ~rected by within
Grantors and Grantee; thence South Go 10’ East, and parallel with
¯ the most easterly side, line of said Mignaulh property, to the Atlanti
Ocean; thence Westerly by the Ocean to a ~oint in a line passinZ
through the point of beginning ana running South 0° 10~ ~ast~ from
said-point of beginnin@ to the Ocean; thence North 0~ i0’ West,
parallel with t/le most eas,herly side line of said Mignault property,
to the point of beqinning, said lot being designated as.~’Lot C" on
plan of land of Eliot and.Shirley O~Hara madeby O. W. Dwinal, Eng~r
to be recorded in the York County Registry of Deeds.

"Together with a right of way, for any and all purposes, in common
with Grantors and owners of adjoining l~und, over a certain private %[
way, twenty feet in width~ running from the above described parcel
to the highway known as the "King’s H~ghway’~, said private way to be
laid out and constructed by within Grantors."

Being the same premises conveyed to Florence Brtumm ~haw by deed of
Eliot O~Hara, et el, dated Septeiober 17, 1940, recorded in the YO~k
County REgistry of Deeds in Book~954, Page 59~, from which deed the
above description is taken verbatim~

Said premises are conveyed subject to the easements, covenants, term~
and conditions set forth in said deed insofar as the sa~le are
currently in force and applicable,

~eing the same premises conveyed to this grantor hy said Florence
Brumm Shaw by Warranty Deed recorded in Book 1941, Page 721 of ~e
York County Registry of Deeds.

Real esffate taxes to be pro-rated.




                                                                           EXHiBiT 2
B. Asplun~

his

heirs ~d assize, to him   ~d %h~ir use ~d behoof forever.




free Of all
  8rantee     to hold as aforssald; and the%      !           and   rny    h~irs

  shall a~d will ~i~f~ the same %o the sa~d G~tS8 , his




                                         Leopold A. Vioez



  and        Jeannine J. Vigor


  wife               ef the said       Leopold A. Vigor



                                       Joining   in Zhis desd as Grantep , and

  relinquishin~ and ~onveying                    right by d~soem% and all othe~

  ~ights in the above dsssr~b0d premisss~ hav~ h~reu/izo set our

  hand s e~d seals    this       fifteenth              day of Januar~

  in %he Fear of o~/- ~ord one thousand nine hundred and seventy-three




                                                          January 15,

                                                 Leopol~ A. Vigor



                                   and a~knew!edg~d ths foyegoing instrument




York> s::.
   TA~4 KENNEBUNKPORT INDHSTRIES, INC. a Maine Cerporatlon having its
   location in Kennebunkport in the County of Yark and State of Ma!n~




                   ONE ($I.OO) DOLLAR and other valuable eonslderetlons



~ Sy JO~N T. COUGHLIN and PRISCILLA M. COUGHLIN of Topsfield in th8
County of Essex and Commonwealth of Massachusetts~
8salty Trust a Massachusetts Realty Yr./st in E~sex in the County of
Essex and Commonwealth of Massachusetts




~lut,~.|,~d~I~,s¢l|~.~a~ u~.~o tAe*~ JOHN T, COUGHLIN and PRISCILLA M
CO~GHDIN as Trustees of P.M.C. Realty Trust, their su~essorS


~ cert~ ~orpctceto/~nd~ togethe~ with any lhprovement~ the~eon~
situated at Goose Socks Beach= so-called, in the Town of Eennebunkport,

ca!l~d, sometimes refer~ed to as King’s Highway, as sho~ on Plan of
E~ons Heirs dated D~cember~ 1921 and recorded in the York Co~k
Registry of Deeds in Plan Book 8, Pass 75,
    Also a corte~i strip of lasd five (5) feet wide, b~tween ~he
"Kings. Highway a~ the Atlantic Ocean along the Westerly sid~
a certain ~oh of l~d levelly o~ed by Edwa~ M. Maft~n~ situated
in B6achwood, so-call~d, in Ke~ebu~pbr%, Males. Said strip of
la~d being a pa~h of lot n~bered 9 upon s Pla~ of Land of the
Emmons Heirs, drawn by LiNby and JonsOn in Dec. 19Zl and
Heirs, dra~ By Libby sod Jo~son in D~c. 1921 ~nd recorded in York
County Registry o~ Deeds, Pl~ Boek 8, Pag~ 73.

    Sai~ strip of land hereby aOnVey~d is mo~e particularly
crlb~d as follewa~ Westerly by Io£ n~be~d iO on said Plan

  g ~y aoou~ ~ve ~2 ree~ Easterly by o%he~ land formerly Of
~ward M. Ms~kin~ sod By a llne pa~allel with sod five (5) feet
dlstan% from the dividing llne between 8mid lot n~bered i0 and
said lot n~bey~d 9 on said Plan Southerly by said Atlantic
about five (5) feet.

    Bein~ %he same premise~ conv~yed by deed el Charles W. Smith,
Executor of the Will of Helen M, To~e to Mar~o~le K. Campbell
dated Janua~ 2~, 1979 and recorded In the York County. Registry o£
Deeds~ Book Z469~ Page ~5, to which d~ed ~erence may be had
fop ~rthe~ titi~ Info~stlon.


!~dust~les, Ino. by Ma~0rio K. Campbell by he~ Warranty Deed

    T~s oon~eyance is med~ ~objeot t0 the te~s and effect of
cortaln mortgage given by the said Ke~eh~po~ Industries, Inc. to
the said Mar~orie K, Campbell by its Mortgage D~ed dated JU~8 ~2 "
~d rScorded I~ ~e,.~ County ~eg~st~y ~f Deeds in Book~am           ¯ ~ 1981
which t ~ .......




                                       EXHIBIT 3
caused its ceyporate seal to be hereunto affixed and these presents
to Be slgned~ a=~nowIedged and del£versd in its n~mR and b~half b~
JOH~ T. COUQHLINt’~ts P~sldent~ thereunto duly eutho~izsd
                         SE.~ ~CHEDULB A ATTACHED




STATE OF M.MNE
YOB~ COUNTY, ~s,                         Nov~nbcr 27,

      Persona)ly eplx~e~ &e abovemomM WJLI_JmO PARKER DWBLLEY~ J~ and
acknowledged the foregoi~ |nstmme~t to be his flee ae~ and deed.




                                   No~ Pttbli¢           -
         & e.ertt~t lot or p~reet of land, with the buildings thereon, on S~d ~o~ ~t~ ~

~g ~t ~o- l 6 ~ del~t~ on ~l~ $how~g ~ Su~i~ 9f~v O’H~ ~
R~ B~ K~eb~, M~e’ &tM Octob~ 6, 1959~ mvigM D~h~ 8, t961+
by Libby ~ Dew, ~#~, ~d ~M ~ Yo~ Co~RcSs~ ofD~ PI~ B~k 33,
~e lg; ~d MiNe. 16 is morn #~ly~d~ ~d d~ ~ follows:

Berg on ~ ~u~ly fide era ~ 00) f~t ~d¢ g#t of way sho~ on ~d #~ at ~

f~ ~ includ~ ~g~ o1~ 88"35’ ~ ~d ~t No. 15) one h~d (]O0) ~t t~ ~t No. 17 on

~t at or n~ ~e ~ve~ ~ w~t~ly by ~d ~v~ a di~ ofoae 11~ ~d

s~ ~d 7311~ (173a3) f~ to ~* ~t ofhe~g.


of~v ~ I~t ~t~d~ t~u~ly~ low ~1~ of L~I~e ~v~ or ~ f~ ~ ~r may


Together with the right, in common with Eliot O’Hara and Sbidey O’Hm~a and others theretmto
entitled, for an~Pz’51nd ~]1 plnrl~ses of in, rest, egresm, telephone, water and othex utilitie~ over the
private ways shown oa said P]m~ leading from the Kings’ Highway, so+ealIed, to said lot, amt
zubjeet to water main right ofwety eftl]e Kenu+btm~ Kmmebunkport au6 Wells Water Dislri¢~L

Beiag the sam~ premises o3nveyed from Wiltmxt Parker Dwdtey, It+ and Joan M~ Hoyt
Dwelley to Willmxt Parker Dwdlcy, Jr. by deed ofeven date delivered and to be recorded
Yo~k Colmty, Maine, Regi~-’t~-y of deeds immedlately Frier to the with~ de~cI o f conveyance+
also deed of Margot Andrews to Willard Parker Dwelley, Jr. and Jean Mary’Hoyt DweEleydated
Janum3t 21, 1977 mad reeozded in said Registr~ of Deeds in ]3trek 1935, Page 51(L




FURTHEK UNDERAND ~UBJE<L-’T TO:
                                                                   D~b~a L.
                                                                   Rogi~te~ of Deeds
       After recording ret~,m to;
       Milda A. Castner, Esq.
  t’~ Bergen & Parkiason, LLC
’~\~ 62 Portland Road, Suite 25
       Kennebunk, ME 04043


                   PERSOI~AL REPRESENTATI’VE~S DEED OF DISTRIJDIJTION

             KNOW ALL MEN BY THESE PRESENTS, THAT I, W. PARKER DV~rELLEY ef
      Kennobunkpoyt, York County, Maine, duly appointed Personal Representative of the Estate ~f3o~
      H. ~elley. late of Kennebu~o~, Maine, York ~unty Probat~ Doeko~ No. 2008~170, ha~ng
      complied wi~h any ~d all r~rements of the M~ae Probate Cede ~d ~e dec~l’s wiIt, in
      a~ord~nee with the te~ of~e will, hereby ~ant to W, PA~R DWELLEY, Iti of 130
      Thu~d~ Ridge Lane, Aewot~, ~r~a 30101 and JOHN H. DWELLEY of~54 J~in~ Chapel
      Road, Brookeville, Ma~l~d 20833, C~Truste~ of ~e JOA~ H. DWELLEY
      TESTAMENTARY ~UST, c~at~ ~der ~icle 3 of her Last Will and Te~ent dat~
      Norther 27. 20~, bring ~epo~ns entiflM to dis~bufion, ~in r~ properly, togeth~ with ~y
      imp~vements th~n, tocat~ ia the Town ofKe~eb~kpoR, Count~ofYork, ~d Sta~ of M~ne~
      desc6bed in E~ibh A a~aeh~ h~eto ~d hereby m~e a p~ her~£

             Being Ihe zame praises oonveycd to Wiii~d Parker Dweil~y. Jr. and Jo~ H~ Dwdley, as
      tenants in common, by deed ~m Witl~d P~ker Dwd]ey~ Jr. dated November 27, 2002 and
      reeord~ i~ the York County Regis~ of Dens in Book 12248, Page 9.

             Wi~s8 myhand and seal ~is ~h day of ~~ 2008.




                                                         W. Park~
                                                         Personal Representative of the ~
                                                         Estate of Joan H. Dw=lley

      STATE OF MAINE
      COUNTY OF YORK, ss.                                              ~_~_~_, 2008
      Pemonal ly appeared the above-named W. Parker Dwetley, Personal R~presentative of the Estate o f
      Joan H. Dwelley and aekaaowledged the foregoing instrument to be his free act and deed in his
      capacity as Personal Representative.

             Before me.


                            Bzmnie B. Dai~le




                                                                           EXHIBIT
                                             EXHIBIT A

                      Pcrs_onat Rel~resentafive’~ D.~,of Distr~bntio~t
                                  Estate of Joan I-[. Dwelle¥
              _Pr~p_er~ situated s~ 23 S~d l~int Road, Kennebunkport~ Mai~e


One-half interest in and to a eertain lot or parcei of land, with the buildings thereon, on Sand
Point, so-called, at (loose P,_oeks Beach in the Town of Kennebunk/mrt, Creme] of York and
State of Maine, and being Lot No. 16 as delineated on "Plan Showing a Subdivision of the
O’Hara Latld, Goose Reeks lJeach, Kennebunkport, Maine" dated October 6, 1959, revised
December 8, 1961, drawn by Libby and Dew, Eng/neers, and recorded in York County Registry
of Deeds, Plan Book 33, Page 18; said Lot No. 16 is more partieularly bounded and described as
follows:

Begirtnir~g on the sol~therly ~ide era thirty (30) foot wide right of way shown on said plan, al the
northeasterly ~mer of Lot ]go. 15 on said plan; thence easterly by said fight of way (which line
forms an iacIude6 angle of 88~ 35’ with said Lot No. iS) orte hmadred (100)feel to Lot No. t 7 on
said plan; thence southerly by said Lot No. 17 ~ne hundr~xt sixty-six and 58/100 (t66.58) feet to
a point at or near Little River; thence westerly by said Little River a distauce of’one hundred and
08/100 (100.08~ feet, more or less, to said Lot No. 15; thence northerly by said Lot No. 15 tree
hundred seventy-three and 73/I 00 (~ 73.73) feet to the point of beginning_

Together with all Cn’aotor’s rig/~ts, title and irtterest in and to all land lying between the sidelines
of the above tot extended sot~llaerly to low water mark of LittIe River or so tar as grantor may
OWYL


Together with the right, in common with Eliot O’Hara and Shirley O’Hara and others thereunto
entitled, fc~ any and all purposes of ingress, egress, telephone, water and other utilities ~ver the
private ways shown oa said Pray, l~’adlng from the Kings’ Highway, so called, to said lot. and
subject to water main ~gl~t of way of the Kepxtebunk, Kennebtmkpott and Wells Water District_

Being the same premises conveyed from Witlard Parker Dwel]ey, Jr. to Will~rd Parker Dwel|ey,
Jr. and Joan Mary Hoyt DwelIey by deed dated November 27, 2002 and recorded in the York
Courtly Registry of Deeds in Book 12248, Page 9-

UNDER AND SUBJECT TO AND WITH THE BENEFIT OF the requirements for road
maintenance and the fotw (4) enumerated terms, covenants and conditions as set forth in a deed
from Margot Andrews to William Parker Dwelley, Jr, and Joan MaryHoyt Dwelley dated
January 21, 1972 and recorded in the York County, Ma~ne, Regist~3, of Deeds in Book 1935,
Page 510 which are [~ereby incorporated by reference.

FURTHER UNDER AND SUBJECT TO:
A cortaia easement granted by Willard Parker Dwelley, Jl’. and Jfiflfl Mary Hoyt Dwelley
to the tnhabit0~ts ~ftlze Town of Keamebunkport dated May 8, 1991 ~ad recorded in said
Registry in Etook 5755, Page 2 ] 2-
                                 BRIISITPG222



       PRATER L. EDMANDS ofKertnebunk ]n the County of York and State of Maine,
~I~ly ap/~i~ted ~d zeting PI~RSONAL REPRFogENTATIVIg OF TIII~ ESI~ATE OF
~Y M. CO0~ de~sed, tesh~e, ~ shown by ~ho prob~ ~cor~ of Yo~
Co~, M~sc, Docket No. I991- 0B25, ~d having ~lly complied w~ ~e r~i~eme~
of P~p~ Sl~ vf~ ~ Will and T~meat ~d ~aving ~n aofi~ to
each pe~on s~e~dhg to ~ inte~st in ~e ~I prope~y described
days p~or to ~ sale, by lhe p~wer ¢onfo~d by ~ Maine Probate C~e ~d ow~ o~er
power, for c~sideratioa O~d, ~m~ ~o ROBERT ~. E1SENB~RG m~d LESL~ A.
EISg~ERG, whose ~iting adA~ss is 52 L~uise Dri~ R~It~,Ncw H~pSh~ 03049,
~ joht ten~s, ~ undivided on,-half (1~} interest in ~d to
pr~e~iea:

      A ee~a lot or p~ed of li~d, x~i~ all the buildings ~d impmvemea~
si~al~ in Goos~ Ro~s Be~eh, so-cail~, ia s~d Ke~ebu~poa~ Soukhe~ted~ of


del~eatod upon "Pl~ of Co~:e Lo~ No.2, Estate ~f Geo.F. Piper, Beavhwood,
K~ebu~p~, Me." dra~ by R.W. Libb£, E~’r, J~e 1 O, I927, ~d ~corded ~ York
Coun~ ~#s~ of D~ds, Book oF Plans 1O, Page 59, to whi~ p~ md ~o lot


f011ows:
      Be~ing on ~he Sou~e~t~T]y side ofsaid Road ~ th~junetio~ ofn~d lot n~ber
~o (2} ~d lot numb~ one (I) on aa~d~; ~eaco Southe~ter~y by zald lot nun~ one


No~e~terly ~e hund~d nne ~d four t~s 0 01.4) feet to a Folnt ~d to ~ Soa~crly
~cr ofl~t number ~ee Q) on said ~; ~ea No~lhwost~ly
(3) one hundred ~eea a~d n~e ~a~s (11~.9) feet to said goad; ~enee go~westetly
by said Road one h~dred (100) fee:t 1o t~o poim of beginning.
      Also zo madt ~f ~e l~O bounded by the Southeasterly b0uad~ of said 10t
number ~o (2) =d ~e Afl~fio O~ ~s (ies between ~e H~he~t~ly ned
8ou~vesl~ly bnund~ 1~ of sam I~ number ~vo {2) iF p~dueed Sou~c~ to
Oee~.




                                                   EXHIBIT 5
                                    ~K ] 1817P~223



      Bc~e~it~ and faurdens * ~hc property hereinbefore described is h~eby ~nve~d:
(1) subject ~ s~ch ufili~ ~~ic~ ~d o~cr easc~n~s on, o~r, under or ~ctos~ ~aid
~r~ ~ m~y now h~ve ~y teg~l ¢~cc; (2) ~th lh~ benefit ~[ all appu~enant
utility s~Jce ~a~ a~d all app~ea~t ~gh~ of way; a~ (3) subject to ~d w]& ~e
beae~t of a~plicable m~c[~, state ~d federal ~[ng, ]~d ~e ~d ~nse~ation
ordinates, rcgulati~ns ~d s~tut~.

      IN WITNP.S$ WHEREOF, ~ said Peter L. Edmands haz h~unto set ~s
¯ i~ day of ~uly, 2002.




                                             Pete~ L.



STATE OF
COUNTY OF YORK. as.                                                  Joly ~ 2092

      Then pc~onally appeared the above
Personal Repre~cntal|vc, and aclmowledged the foregoing inslrttment to be his rice act
and deed ~ [he free act ~nd deed of the Eslate of Hoary M. Cooke.

                          Before m~, ~ ~7~_.~.
-.                                BXIIBIIPB22~

                                    W.kr’~* ~EED
                                        ~ Y ¯ NT


           BARBARA COOKE DeIM.ALLIE of Goose Rocks B~ach, Kemtebunkpo~L
     Cotmty oi’ York and State of Mai~¢¢, for hhe consideration paid, grants to ROBERT


     undi~ded one-half(l/2) in~est in ~d to lhe ~vllowi~g two

           A ¢e~a~ lot or ~c~l of land. with alf ~e buildin~
     situated in Go~e Roe~ Bea~h, ~{1~]~, in said Ketmeb~kpo~, ~o~e~terl~
     Town Road, ~-called, and ffoatin~ on ill, Att~tlc Oce~ ~ing 10t numbe~d
     detjneated upon "PI~ of Co,age Lo~ No.2, ~tate ~f Geo.F. Piper, Beachw~fl,
     ~nebunkpn~ Me." &w~ by R.W. Libby, Eng’r, June 10, 1927~ and rec~dud M York
     Co~ Regis~ of Deeds, Book o£ Plus tO, Page 59~ to which pl~ ~nd the 10t
     d~i~tions ~ereon rcg~enco ~ hc~ia had; ~d sMd lot bring bounded and descdged
     folt0Ws:



     ~m~er ~vo (2) ~d ~ot numh~ otle {1) oa s~id pl~t~ three ~outhc~tcrly by said tot


     ~neeNo~he~ter~ one hun~d tree and four ten~s (101.4) feet to a ~Mat ~6 to ~e
     Sou~erly ~mer ~f lot n~b~r ~ (3) ~n sald p]~; ~en No~west~Iy by said lot
     number ~. (3) o~e hundred thln,~en aud rune tenths (l 13.9) feet to said ~oad; ~ace
     Soutkwcstcrly ~y said Road one hmtd~d (100) feat toth¢ point o~beglnMng.


            Also so mu~h of tho |av.d bounded by tll~ Southeasterly buunda~/ of said lot
     number two (2) and ,~ Attant£¢ Ocean ~ ]ie~ between the Norflteastefly and
     Southwesterly boundary lines of said tot number two (2) ifprodaced Southe~t~Iy to the




                                                       E XHIBIT 5- I
      Bein~ th~ sa~ pzcmises which wcr~ conwycd to ~ wi~h~ O~tor by deed of


I997, Ya~e 230.

      WITNESS my hand a~d seal th~s ,~,’~ ~ day of Jt~ty. 2602.

SIGNED. SEALED AND DELIVERED
      IN PRESENC~ OF




                                               l~bara Cooke De Mallie

STATE OF MAI~, )
               ; $$.
COUNTY OF YORK )                                            July .__.~_.~ 2002


      Then personally appc~trcd lhe above n~urted Barbara Cooke DeMall[e and

ackamvledged the foregofrlg ins~rument Io be her free act and deed,




          i,~ECL,".’£~3 YORK
           ~ JL[L Z6 ~H 8:t~7
                          WARRAN~ DEED




NJ, 07458,

~ W~ C~e~,




b-~AT~ OF IMAGE


     Personally appeared the ab~vv-~¢d I~DWISI J. PING~E a~d MARY
NELL PIi~GI~E ~d ac~owlvdgcd the fo~oi~g in~mruenl: to be theh-:~c act
a~d deed.




                                  Comrrd~ion




                                            EXHIBIT 6
no~ or reverb’ ~f~e

~ ~u~efly by


~c¢ ¢o~u/~g ~ ~e ~ to ~e ~ o~ ~ f~ soberly ~ we my o~ thence
~erly by ~ o~a ~oat ~-f~ ~d 1911~ (~Ag) f~ to ~d i~d ~ow or
fo~cr(y of ~d Gflp~ ~e~ce ~o~cdy by ~d l~d af ~p~ to ~ ~ pipe


one h~ oae
~ ~$/we ~ov~fion~
]91100 (~.19) fee~
      ~O, ~ ~ fi~ rifle ~ ~t ~ ~ t~ ~er ce~ lot or p~l ofl~

d~ ~ fo~o~: B~ at ~d ~o~ pipe ~ven ~to ~ ~m~d ~ ~e
sou~w~ly ~dc of ~ ~d ~ H]~y at ~c ~or~w~efly comer ~ ~¢ ~ve
d~cd ~k ~cnc¢ ~rly
pip~ ~Iv~ into ~e



see~cdy ~ We ~y OWa; thence ~erly by &e ~ tea ~d 6OllO0 (I O.6O) f~L more
or I~ ~o ~e ~ov~sd
~pe ~vca ~to ~e ~d
~d abo~ ~ lot on a t~e w~ch ~ ~ ~ciud~ ~lc o£ lOI° 37’ ~ ~d
~way one h~ one
~cc bc~v~n ~


      Bs~ ~ ~ p~ eoaveyed ~ ~ x~ G~to~ by He~s F.
~ttem~¢ by ~~ ~ ~p~m~ 29, I96I, m~ed ~ ~c Yo~ Co~ R~ of
D~ ~ ~ook ]477, P~ 47.
                          lOXlOW ALL PERSONS BY TfEE~E PRESENTS

That I~ LBNrDA A. MITCI~LL~ of 71 Gram R~ad, So~hamptea, Hampshire County,
Massaclm~L-eds,

Iu co~;ideration ofFTV~ FtUNDRED q’~N THOUSAND ~md 00t100 ($510,000.O0) DOI2LARS,

G-rant to JOI~IN O. GALLANT mad SI-IARON A. ~-ALL~, of 70 Bradford Road, We.~ton,
Massachusetts, as hmb~rid and wh~e as Tenants by the E~tirevy,

v~th WARRANTY covemmk~

A ea-tai~ lot or p~cet of|aud with the bui]d~ngs thereon,
Co~y of York ~d State ofM~e, ~ ~
d~ ~

Beginning atthe soathWesterly comer ora parcel ofl~nd eonve3~l by C~rde p. Whittemore
~e N_ 1~es by dee~ ~t~ G~o~ 6, 192t, remrd~ ~ York Re~ of~e~, B~ok 695,
Page 269, ~d co~ ~g one h~ (I00) f~ we~ly from
or fom~ly of ~e ffeg~o~ ~eoee No~h~ly ~ ~d a~e-~o~

1% 1921, record~ ~ ~d York ~e~, Book 694, ?age t97, m
ref~ Io ~ ~e ’~g’s ~a~; thee W~ly by ~d ~y s~ty (6~) f~ wore or

(200) fe~ mm~ or tesg to a ~ub set ~ ~e ~ouu~ ~m~ con~g on
ArCtic Oee~ or s~ ~ ~ I ~y o~; ~ee Ea~ty ~ ~d o~ to a ~t lowed
~on of~is ~e ~ ~ sml~ly ~t~oa or ~Ioag~ of~e ~a a~ve d~



Su~eet to and wStti the lxaefrt of a Corn Ordw ~6 De.on ~ ~y 13, 1992,
Y~k Co~ty S~or ~ C~ A~oa ~cket #~-9~119 w~eh ~h~ ~e


Being a portion of the premises described in the following deeds, to wit: Bmljamin F. Ftdler et
~o Horace P. WhJttemo.re, dated August 15, 1898, recorded i~ said York R~, Book 493,
Page 254, a~d Or]~mdo Dowet aL to Cma-ie P. Wttittemore, dated O~ober 4, 192I, r~eorded in
s~d York Registry, Book 69% Page t7I.

Being lhe same premises c~nveyed *o ~e G_r-~or herein by deed ofStel~a D. M~tehelt dated
Nove~beJ; 19, t 997 let.ordeal wPdl York Comay ~laine) Registry of Deeds ia Book 4552, l~ge
305.




                                                                EXHIBIT 7
                      COMMONWRAL’t}I OF MABSACflUSETTS

Hampshh-e, m                                                        Augtls-t 25,/[997
   Then per~on~y ~pl~ared the above-named Linda A Mitchelt a~d ackaowledge~ the
foregoingto be her free act and deed.




                                  RECEIVED YORt~ S S.
                                   97AU~;~9 p~E: 06
           John P. LaRue of Delmar~ in the County of Albmky~ State of Ne~ York




in considera%ion of O~e dollar and other valuable considerations



Dald hy Everett H, C~rrlsh and Jule O- Gcrrish both of New York Cihy~ State of
         N~w York ....................................................



the receipt whereof I .       do hereby acknowledge, do hereby 9iu~,

h~|r~ah|, s~[[ a~ [~a~[3. unto ~he said      Eve~tt H. ~rrish ~d ssld J~e
 Garfish ................................................................

   .............................................. their He~.rs and Assigns,

~d the survivor of them, and the Heirs and Assigns cf the survivor

of them, as jsint tenants ~d n0% as %e~ants in common, . A certain lot
or parcel of l~d~ ~th the buildings %hereun~ sit~ated in the To~ of Ke~eb~k-
po~, Cowry of York and State of ~e, i~ that part the~of ~o~ as
Rocks ~seh, bo~ed ~ describmd as re!lows:

Begi~.n~ at t~ ~steriy cornmr of ~he parcel of le~d deserlbed in a certain
deed dated A~s$ ~ 196"~, f~ Ed~i~ ~. Clark, et el, to one Libby, d~ly
~corded in York Reglst~ of ~eds~ said co~r bei~ ~ocated seventy-six and
25/100 (76.2~) fmet Boutllwesterly of the s~one bo~d set in the ~o~d at "the
~ort~r~ eo~er of said parcel of l~d described i~ said deed from said Clerks
to said LibbM) thence sou~easterly by said l~d described in said deed ~d .
crossing the road lesdin~ to Bstson~s River~ so-called~ co~o~y ~o~ ~s the

Oc~; thence sou~sterly by said 0ce~ seventy (70) feet to laud now
fo~rly of Bmrbara H, ~rrish~ thence north~s%erly, on a li~ which is parallel
to the firs% above ~scribed li~ by said ~rrish ~d and crossing said
Hi~w~y to l~d n~ or fo~rly of the heirs of ~orge Pier at an lyon pi~
set in the greed, said iron pi~ being loca~d seventy (70) feet south~terly
of t~ point of begi~In~} thence nort~asterly by said Pier heirs land seventy
(70) feet to t~ po~t of begi~in~.

T~ above described p~se~ a~ conveyed subject to whatever ri~ts the public
or others m~ hav~ to pass ~d repass ~er that portion t~of ~o~ as t~
~g’s Hi~ as

Bei~ t~ s~ p~ses conveyed to t~ 1~thin Gr~tOr by deed of Edwi~
Cl~’k~ et ~l, date& Au~st lh, 1967, ~co~d in said Rsglst~ in Book 1781,
Page ~.




                                                                            EXHIBIT 8
                                                  ~ STALE OF MArBlE:
                                                  ~ R~At ~TATE TRANSFER TAX ~


                                                  ~,~~ To~olion 1...   ~



         STATE OF MAIN                      ~ ~ REA~ ~STAT~ TRANSFER TAX :
         ~E’~L’ESTA~E -~A,~_~.R T.~AX




~ith all privileges and appurtenances thereof to the s~id

     ~verett H. Ger&ish and said J~_e C. Ge~rish .................

thei~ Heizs ~nd &ssigns ~nd the ~urvivor of %hem, one the Heirs and

Assigns of th~ survivor of them, as ~oint tenants an~ not as ienants.

in common, to them and their use and behoof £orevey.

     ~ I do      [~a~t with the said ~ran~ees, their Heirs

~nd Assigns and the survivor of them, ~nd the Neiys ~nd Assigns~of

%he survivor of them, the% I am                la~ful!y seized in fee of the

premises~ that they are free of ~II encumbrances;




that I           have good right to sell and convey the same to the said

Grantees %0 hold as afo~esaidl and the% [            and        ~y Heirs, shall

and will ~[tt~a~lt a~lh ~[~I~ the sa~e to the s~id Grantees, their Heirs

and Assigns and %he survivor of them, and the Heirs and Ass-igns of

%he survivor of them, as ~oint ten&nts and no% ns tenants in common,

ng&ins~ the l~ful c3a~ms and demands of all persons.
                                                  the s~id John




and I, Hele~ B. LaRue               wife of the said    John P. L~Rue




joining in thi~ deed as Grantor , and rsiinquishing and convsying

            rights by dosaen~ and 211 other ~ights in %he above

described premises, have heroLlnto set ou.r                hands and se~is this

  tw~nty-s1~bh           d~y of     Septmmbmr            in the Year of our Lo~d

one thousa,]d nine hundred and sixty eizbt




. ,/,.:.>;
                  ,./
         ...............................


         STATE O.F MAINE~-
         ~EAL ESTATETRANSF~. TAX

 ~,~’~l~m~oofl~ 0 I. 001~_


 ~,9..’~ REAL ESTAT~ TRANSFER TAX "~




         Ne~ York

   Albany


                 Personal.ly appeared the above named      Jolm P, DaRue



~nd acknowledged the ~bove instrument to be his free act and de0d,
ll




                                         QUITCLAIM DEED

            KNOW ALL ~3Y THESE PRESENTS, TI-L&T I, ELIGE’NI~ I~. GRAY, of Keralebunk

     in the County of York and the State or’Maine, for eonzideratiort paid, ~e receipt and

     sufficiency of which ~ hereby ack~lowledg~, do hereby give~ greaat, barge% sell, convey a~d

     quitclaim u.rtte EUGENE K. G~Y, ~ T~tee of~e Eugene R. ~ay Qualified Pe~n~l

     R~id~nee T~st of even d~e here~, who~o mailing ad~ess ~s 183 ~ng~ ~i~way,

     Ke~ebu~po~, Maine 04046, the re~ prop~ty ~d i~rovemen~ lher~n located in

     Kem~ebu~po~% in the Cowry ofV~rk ~ Se ~mte of M~ae, more pa~c~ly d~bed

     follows;

                    All real ~tate m~d improvemen~ ~ereon, [ndudi~ app~n
            thereto, d~o~bed in a d~d ~m Sophia P. M~ ~
            She@ G;ay, w~ch de~ is dated Ae~t ~, 1959, ~d teeord~
            York County, ~ne, Re~ ofDeed~ ~ Book 1407 at Page 5~; ~d
            a]eo dezerib~ in a deed ~om Da~d E. Hunt in ~s capaciW ~ p~onal
            representative of~e es~te of~n~c~ S- ~ay, d~e~
            Gr~y, which de~ was ex~uted p~or to the execution of~s d~d
            to be record~ Jn s~d Regis~y

                    Subject, ~w~ver, lo all ¢ncumbr~ces, d~-of-way, ~em~nts
            and oilier ~ghts ofreco~ on ~he date

            TO ~VE A~D TO HOLD ~e afore~n~d and b~gained premis~, with

     privileges ~6 app~en~e~ ~e~0~ to ~d Eugene ~ ~y-and h~s

     in aecord~ee with ~e te~s of~aid T~t.

            ~ ~SS ~E~OF, I have tmre~to ~ my h~d ~d 8e~[ thi~ ~ ~ ~ day




                                                  E~ge~ R. Gra~




                                                                     EXHIBIT 9
$’rA:r]~ o~ MAINE
COUNTY OF CUMBER.LAND, ss:                                 ,~.


above n~ EUGE~ R. G~Y, who ac~owledgefl ~ forego~g ~ns~ment to be his
free act and de~.
                                                                               14999 Pfl 0766 -- ~767
                                                                            ~eceived Yo~k SS
                                                                            Deb~a L. Anderson




                                           QUITCLAIM DEED


        KNOW ALL MEN BY THESE PRESENTS T~AT, I, Edwina D, Hastings:. a married
woman, of 17 Peirce Lane, Wilton, Cottmy of Hillsborough, Slate of New Hampshire.. 03806 for
consideration paid, grant lo Edwina D. Hastings, Trustee of the Edw~na D. I-l~st.ings Revocable
"lrnzt U~/A dated August 25, 2006, wi~b a ma~ling address of 17 Peiree Land, Wilton, County o["
Hfllsborough, State of New Hampshire, 03086 with QUITCLAIM COVENANTS, the following
described premises’.

         See Schedule A attached hereto and incorporated herein by referencc


         Executed this 25th day of August, 2006.




                                                               EdwJna D. Hastings

STATE OF NEW HAMPSHIRE
ROCKINGHAM, SS-

      On dae 25th day of Augtast, 2006, personally appeared, befc~re me, the above named
Edwlna D. Hastings, and ackno,,~’Iedged lhat the foregoing instr~ent was her voluntaw act ~td
                         PAuLA LEO~A~
                         N OTA~Y P~BL]~

                    .~ ~ma~s~ ~rO}~pt2~r~lB           NO[~ Public:

Accurate ~jt[e has prepared ~h[s deed frum infor~ation provided by the Grantors wifl~ou~ (he benefit ofa l[tle search,
~nd the.~e is no .~uamn~¢e except thaz it has been accurate ly prepared from that inform~lion provided.




                                                                                      EXHIBIT 10
                                         SCHEDULE A


       A certain parcel of land, with the buildings thereon, sSmated along K~ng’s Highway in the
Goose Rocks area (formerly known as ~e Beachwood ~) of the Town of Kenueb~po~, ~
County of Yo~. ~d ~he State of Maine des~bed in a wa~anty deed of C~ie P. ~ore to
Minnie H. J~aes dated Octob~ 6, 1921 recorded in suid R~is~ ~t Book 695, Page 269, and
Wa~an~y deed of said C~ie P- ~i~emore to said Mille H. Ja~es dated October 14, 192L
~ecord~ I ~id Regist~ ofD~ ~a Book 6~, Page 197.
       Being t~e same prem~s~ devis~ ~ equal ~s ~ Ma~ Neweomb Dzvis, Nelson P.
Stanley P. James sad El~zabet]~ Newcomb Wett~ unde~ t~ wi~l of Minnie H. James d~y proved anti
allowed in the P~ob~le Coua of ~o~ Co~, an zbst~ot there of having been fired with said
R~ist~ of deeds; and
       Being ~e same premises described in (o) de~ from Nelso~ P. ~mes ~o s~d Ma~ Newcomb
Davis dated M~ch 19~ 1963, and recorded in said Re~g~ at Book 1546, Page 175; and (b) ~
f~ St~]ey P. Jzm~ to said ~ Ne~veomb Davis dat~ March ~9, ~963 and recorded in said
~egis~ at Book ] 546, Page 169; ~d (e) a deed ~om Eti~beth Newcomb Wetter W said
Newcomb D~vis d~M~h I9, 1963, and record~ i~ s~d Reglst~ zt Book 1546, Page t72; ~d
      Being ~he sm~e premises d~cdbed in an ~davit of Anne ~[. 2ord~ dated May 16, I996,
and rg~rded in said Re~ at Book 7840, Page 173.

       Meaning and intending to de~crib~ and convey fine same premises oonveyed from Mary N.
Davis, Trustee of die Mary N. Davis Qnatitied Persona] Resident Trust to the Crrao~or by deed dated
December I5, 2005.

Proper~y: Mzp 34. Block 1, Lot I t
Goose Rocks, Kennebunk’port, lVf_aine




                                          End o! Document
                                                                    Doc# 2009011563
                                                                    Bk 15587 P~ 0491 -- 0492
                                                                    83/19/2089    11:5~AM
                                                                    Debts L.  Ande~son
                                                                    Re~iste~
After recording return to:
Christian L. Bamer, Esq.

62 Po~l~d Road, 8~t~ 25
Ke~eb~, ME 04043
                              Space Above This Line For Record~g Data

                                         WARRANTY DEED

LESLIE A. JOSSELYN-I~OSE, for consideration paid, hereby grants to LESLIE A.
JOSSELYN-ROSE, as Trustee of the LAJR TRUST, dated February 24, 2009, with a mailing
address of 38 Wexford Glen, Pittsford, NY 14534, with WARRANTY COVENANTS, the
following pare.el of land, together with the buildings and impro;cements thereon, located in the
Town of Kennebunkport, County of York and State of Maine, and further described as follows:

                    See EXHIBIT A attached hereto and made a part hereof.

        Witness my hand and seal this/~ day of March, 2009.

/n presence of."




                                                    LESLIE A. ~oss~’LYN’R6SE



STATE OF NEW YORK
COUNTY OF                                , ss. ~)~#~                     March ~1 ., 2009

      Personally appeared the above-named LESLIE A. JOSSELYN-ROSE                           and
acknowledged the foregoing instrument to be he[r~’~ ~fi~’t’?d deed.



                                                         Notary P~lie


                        NO, 01 CO61)94818                                   _~.
                                                         My Commission Expi~: .. ~O~ ~
                 NOl~ry Public, State of New Yo~k
                    ~ual~fiod ~n Wayne Coun~
               My Commission Expires 6123/2 b~




                                                                 EXHIBIT 11
                                           EXHIBIT A

                                     Leslie A. Josselyn-Rose
                                                 to
                    Leslie A. Josselyn-Rose, as Trustee of the LAJR Trust
                                     dated February 24, 2009


        A certain lot or parcel of land with the buildings thereon, situate on the southerly side of
 "Kings Highway," so-called, at Beachwood in Kennebunkport in the County of York and State
 of Maine, bounded and described as follows:

        Beginning on said Highway at the westerly 6orner of land of Henry H. Goodwin; thence
wezterly by said Highway, one hundred (I00) feet more or less, to land now or fom,erly of
James E. Potter; thence southerly by said Porter one hundred (100) feet to a hub and continuing
same course to the sea or so far as my title extends; thence by the sea easterly~ one hundred (100)
feet to land of said Goodwin; thence by said Goodwin land northerly, one hundred (100) feet,
more or less, to the point of beginning.

       Being the same premises conveyed to Harry C. Arnold by Marcia A. Clark by deed dated
August 18, 1913 and recorded in the York Registry of Deeds, Book 627, Page 194, and the same
premises conveyed to William A. Lumb by said Harry C. Arnold by this Warranty Deed, dated
January 3t, 1932 and recorded Jn said Registry of Deeds, Book 711, Page.312.

       Fu~ther being the same premises conveyed to Leslie E. Lynde and Alberta S. Lynde by
William A. Ltanb by his Warranty Deed dated Jurte t7, 1946 and recorded in the York County
Registry of Deeds in Book 1078, Page 358.

       The westerly boundary.of the above-described property was established by Quit-claim
Deed from Katherine L. Lunge to Alberta S. Lynde and Leslie E. Lynde recorded in the York
County Registry of Deeds in Book t338, Page 440.

       Leslie E. Lynde conveyed his interest in the above-described property to Alberta A.
L)aade by his Quit-claim Deed dated June i ~, t982 and recorded in the York County Registry 0f
Deeds in Book 2838, Page 344.

        The above-named Personal Representatives of the Estate of Alberta S. Lynde conveyed
to Leslie E. Lynde a life estate for and during his na~rat life, which ended on January 27, 1993,
by theh" Personal Representatives’ Deed of Distribution dated August 19, 1986 and recorded in
the York County Registry ofDeeds in Book 3992, Page 041.

     Being the same premises-conveyed to Leslie Josselyn-Rose by deed dated
December 10, 2008, attd recorded in the York County Registry of Deeds in Book 15532, Page
47.



                                       End of Document
                     BI(9721 ¯ PG~TB

                       9~ox ~.~. ~_~._Z D.~B.__D_
                          (Ma~ne ~hort

      CAROLY~ E, ~HERMAN, o~ Dall~s, Texa~, for onsideration paid,
G~S TO DE~ J- ~Y, whose mailing address is 22~ ~gs
Highway, Ke~ort, ~i~e, 04046, w~th QUiT~ ~NT, h~’
one-half int~est mS t~t i~ c~Dn ~ ~d to the pr~ses
6Ztuated in Ke~eb~o~, ~ty of Y~rk ~d State of Mmine,
bonded ~d descried as foli~s:


                    SEE EXHIBI~ A ATTAC~ED HERETO




                                             EXHIBIT 12
    A c~rt~ l~t ~ p~rC~l ~f l~nd W~ ~e b~l~ngs th~e~ in

called Goose ~cks, ~nd c~pris~g Lot 8 o~ ~Pla~ of Land of Leo J.

Dew, E~ineezs, Revised ~n~st 16, 195~, ~ w~ch pl~ is re~rd~ in
~e York Cowry Registry of ~s i~ P!~ Book 20, Pass 53.


nastridtions of record.

    Ke~ezence ~ ~ to Deed of Distr~ution fr~ the Estate of
asa E. ~i~ey to Ca~!~ K. She~ and DeDor~ J. Kinney dated
Au~st 9, 1994 ~d re~rded in the York Co~ty RegistrM of Dee~ in




PARCE~ ii:

     Also meih~ Certain lot or p~rcel of la~d situated in
Bock~ Beachr ss~c~!~d~ in said Ee~ort, Co~ty of York ~d
~tat9 of ~e, 8nd ~h~ o~ "P!~ of ~.d of Leo J. ~r Goose
Rocks, ~~ozt, Me~’ ~a~ ~e 20,1 954,
      R~erence ~s m~d~ to Deed n~ Distri~tJo~ from the ’Es~a~m e~
.~.sa ~. K~m~e~ to Ca~::~l~’~- E. 8h~zm~u~. and Da~ ~. E~e~ da£~d
AUgust 9. 1994 ~d ~ded in ~he ~o~k ~o~ty ~i~t~y of Dens in




    A certain lot or pzrcel of land Dearly rectane~!ar in fo~m and
with all the buildin~ and L-a_Drovem~nts %hereon, ~i£~ted on ~h~
Southeasterly ~id~ of King’s Highway in ~e Goose Roc~
5ectio~ of Ke~n~o~r Co~ty of York ~d 8£~te of Ma~n¢r
per~ter des~iptio~ oZ s~d certain lot, having both highway mnd



a point 67 feet south~ester!~ from ~ stone $et in %he gzo~d on the



later of one Syron, ~d said po~t of hegJ~g baing merksd by
~ron p~pe ~d stone; thence in a soukh~asterly ~i~ection along

gus~; thence ~ a southwesterly ~rection by the ocean 55 feet,
more or less, to l~d now or fe~er!y of ~n~8 J~es; th~ce in a
northw~h~ly d~rechion un ~ cu~se parallel with the first
described l~e herein ~d 55 feat th~f~m, by !~d now
fo~z!y oZ ~ie d~ss, to said ~n~’~ Highway; thence ~n a
nort~aster!~ d~ection by ~aid h~ghw~y to t~ ?~int of


no~ on the pr~Ees of s~d By-on, ~ogether wi~ ~he r~gh% of

lot withou~ ~ny pa~t

    Benefits and b~rdens - %h~ property here~efor~ dascrlbed is


~xistance; {2) with the benefit o2 a~r%~t ut~l~%y service
e~sements ~d ~y appucten~t right-of.way; (3) 3~ct to
rights ~s any p~rson as u m~er ef ~e p~l~c ~y have to use the
shore of ~e Atl~t!c 0~; ~d ~4) s~jech to ~d wi%h the
b~efit ~f ~pplic~le to%~, ~hate ~d ~ede~al zoning ~d Aand use



K. ~9~n ~d D~or~ ~. ~sy by d~d doted Decker 3~ 1976 and
r~coxded in th@ York Cowry ~gis~y of ~d~ in Book Z163, ~age
591.
                       Me~hanles Bank, duly appointed Trustee of the Estate of
                 " Albert Palmer, ~nder Indenture ~f Trust dated June 13, |984 with
                 ¯Albert P~l~er as Sett].nr, of Mechanics Bank To~er, Worcester
                  Center, Worcestsr, M~ssachusetts 0~3, by the power co, ferred by
                  ~aw and every other power, gran%s

                      Charles 5. Nickerson, of the To~ o~ San~ord, County o~ York
                :~ ~nd State of ~aine with an ad@ress of ~84 Main Street~ F.O~
                ~: ~32, Sanford~ Ma~n~ 04073. ~s ~uccessor ’fr~stee of th~ Albert                    :

                 following property located in the Town of Me~n~buokport, Co~ntv
                ~{ York and State of Maine as follows:



 ~              ~
                           Maine, in that p~rt commonly kno~ as Goose Hocks Beach
                           or Beachwood as described ~n ~eeds to Joseph N. Palmer
                           ~s follows: Boo~ 520, Page 26; Book 569, P~ge ~7;


                ¯ -        Deeds refer-ante is hereby made.


                           Isabel C. Palmer as joint tenants ~t. ~3, 1934 recorded
                ~          is Book 843r P~ge 557 and probate of will of Isabel
                           C. Pa]mer, York Cou~t~ P~obate 144~. See d~ed ~f
       ~        :~:[       ~ecutsr to Mnrga~e~ ~. Palmer recor~ed iR York
        ~                  Regi~tYy of Deeds, Book ]490, Page 134 a~d deed of
                           Margaret ~. Palmer to Albert and Margaret E. Palmer,
        ~                  joint tenants [ecerded i~ Book 1752, Page 330-
        ~
                ¯ Witness; Hechanics Bank, Trustee under Indenture of Tr~st d~ted
                " Jg~e 13, %984, by Edward S. Lewis, its Vice President anO T~Hst
                .: Officer 4~ly aut[~orized who has hereunto set h~$ h~nd add tbH
                :" of said Mechanics BBnk this ~day of June,

                ..                                           Mechanics Bank



                                                             ~nd ~ust Officer, dul~
                                                             authorized


                     COUNTY OF WORCESTER                            ~ ~                       , ]987
                         P~rsonally appeared the above named Edward S. Lewis, iD his
                    capacity as V~ce President ~nd Trust Officer of

                    and acknowledged the foregoing to be his free Bct



                                                       :                    :if.k-   .:




                        RECEIVEO     YOR~( Se




                I’


.]"                                    .--.                                   ¯
                                                       " _- ’.-.:~:~:.~i:’:: ~..".. ’
 ~ .....                                                     -.. (~::~,:~L :, , ¯ .           ~ :
 ~
.. ¯ -      .             .
                               ..
-~ .................... ~~~~-. . .
                                      .
                                                .
                                                    :. , " . " :~..::~>:~:.4-
                                                      . ".
                                                                                  :. ¯
                                                                 ~ ~....;<j£~;:_-’.. "::’:.
                                                                                              ~ :-
                                                                                              ~" _
                                                                                                         :
                                                                                                             .

: ..-,-_ .:.                   -.;.. .- ~;:..TL:: - .~. - ..
   .: ~. . . ¯ .-
’.-:7 .      . . ."            - . - - ... .        .. , ~¢~.~-~
                                                           -".-e~~~#~i:~:~L":: ." ...... .
                                        " -:> -,. --: ......                        = .~
   .,
:_ ¯ . , ..         .                    - . .. -.......~~~)#~e~   -~2,~,-~ .~ ....
                                                     .-:,.,,.:,.~~~.~.= .... . -... . . .....
                            ..  . ...   .    .    -
          .
 :_..:...,.... . ... . ..- . ¯ ..:.,.,. ..,..., .... .....- ....
 ~-      .... . . -. , . ~-    - ,                               ...- ...
                        .          ~ . ~.,,- ~.S~~~"
                                                         ,. _. ....
                                                     ~,. ~ _
                                                              ......
                                       ~3253~08~


                                         WARRANT~ DEED



       K~ow MI by ~es~ Pre~ems, 71m~ W~.. CtIAI?LES LABRECQUE a~td ROSAUlg J.

MasszcJam~tts, whosv m~if~g a:ldre~ is ~02 Old Westfoat Road, Chehn~f~rd~ MA 01~24,

       f~r ~o~t~ide-rafiva paic~

       Gr~mt to TERRE~CE G. O’CONNOR and JOAN M. LEAH~Y, ~jv~t tvmat~ both
ofWcstfield~ ~ the Comaly of Uaion and Slake of~cw J~e~vy, wh~ m~2ing zddre~ ~s 823 Cedar
Tei~cC, Westtield, NJ 07090~306~

      with W~rranly Covcna~t~, the lind ~d improvemeo~ the~oa s[~ated ha the T~vm of
K~mcbt~To& ~n ~e County o f York ~ad State ofM~% de~cdbe~ as fol]ow~-

                                   See Seheduie A, Att~eI~eO Hereto

       W1TNESS vm- hands and seal~ ~ ~ day of Jnly, 2003.




$1~ of Ma~


      Th~n personally appe-d_red the above x~aed Chutes LaBreeqtte a~d Rosalie J,
La~reeq~e =d aelm.owledged lh~regoMB ~tmment l~ be their free a~t and deed.




                                                                      EXHIBIT 14
A ~ lot or parcel ~f I~ad with fl~ bafldln~ ~hcmon, situ~ed M ~ T~ of K~~


fb~ows:

BEGINNING a[ a stone set b~ We ~and at ~e Nor&westerly cornex of hind aow or formerly
one S~ackpol~

TNENCE nmn~ng Southeasterly by’sa~d Sta&-poie land a diganoe of 268 feet, more or I~o to the
Atlan~ Ocea~

THENCE tttraing and rtma~g Son~we~lerly by ~d Ocean a distance of 105 feet, more or [e~s, to
la~d nuw or Formerly of one Slaple~;

THENCE tttrn~g m~l nmr~u’g Northwesterly by sr&l S~aples land a ~ce of 314 feet. mO~ or
le~s, to ~other ~tone po~ set in the g~tmtt at th~ South~ly ~degne ofsakl- mad above tneuff~ned;

"ITIENCE turning ~ nmr~g No~heasterly by said m~l a distance o f 108 f~ mtrce ~r tess, m ~he


The above described praises arc co~veyecl ~ubject to any a~d all ri~ vfwayof record to the
e.~ent/hat they conlinue ~ have ~y leg-ol

Beiag the same prex~ de~m-b~ in a tiee~ from gluer S, W~w~ to ~t~ [~ae
~d Ro~e J, ~r~que ~ 2~e t, 1983 ~d ~N~ ~ ~e Ye& Co~ R~ ofDe~ ~
Book 3097, P~e 2!3
                                                                     ~eb:a L. Ande~n
After recording remm
Bme~ M. Read
Shep~r4 anti
93 M~Jr~
Kemaetmnk. ME 04043




                                     ._WA_RRANTYDEED

        KNOW ALL PEP.~ON8 BY THESE PKESENTS, that MARK S. PALEY AND
LUANNE W. PALEY, FOR CONS]3DERAT1ON PAID, hereby gtant~ to PALEY FA/ffILY
HOMES, LLC. ~ Cov_neeticut Limited Liability Company wMa a place of bus~ness at t44
Balfo~ Drive, West Hartford, CT 06] ] 7, wRh WARRANTY COVENANTS. a ~e.rtain lot or
pan:el of land, together with fl~e building~ m)d improvements thereon, located in the Tow. of
Kennebtmkport, York Count, Mai~; being morn pmedeulazly described as follows:

                        SEE EXHIBIT A ATTACHED HERETO AND
                        INCORPORATED HEREIN BY REFERENCE

       IN WITNESS WHEREOF, Mark S. Patey a~d Luanne W. PaI~B’ has hereunder set their
hand and seal as of~his .__tl~ day of September, 2008~




WITNESS


                                                          Lu0ame W. Patey


STATE OF MAINE
York County, ss.                                                        September ___, 2008

      Personalty appeared the above-named Mark $. Paley and Luan~e W. Pa~ey and
acknowledged the foregoing instrument ~o be their free act and deed,




                                       lmu acy 5, 2012-




                                                                                   EXHIBIT 15
                                           ~bR A


A terraria lot or parcet of land wi~h the bu[Idings thereon, situated ha the Town of Kcm~cbunkpo~
County of York and State of Maine, at Beachwood, so-calleA, on ~he Southeasterly aide of~¢
main mad, sometimes called ~he King’s Highway, and ~numbeged I I and the land lying
between said Lot _1 ] and the ocean, according to Pig0 of La~d of Ivory t~mmons, Be,~bwood,
Kermebunkpor~ M,fine, drawn by P,.W. Libby, Deceanb~r 3,1925, r~cordcd ~ fi~e York County
Registry of Dee~, Plan Book 10~ Page 36, said premises being more particularly bounded and
degzxibed as :tbllov~s:

  Beginning o~ lhe Southeasterly side of said Road at ",he Westerty comer of said Lot 11,
~ord~g to ~d PI~; ~enc~ m~[ng by ~e South~ly sidefin~ o£ Lot 1
146.6 f~t m ~ Sourly eo~r of said Lot 1 t ~d ~nfim~g ~he s~e co~e t~ ~e oct;
~ by ~e o~ No~a~terty 50 f~t, morn o~ l~s, m a l~e wMch is the extension of the
N~e~rly sideline of ~t 11 a~o~i~ ~ sdd PI~; thence No~weslerly by s~ exte~ed
I~e to ~e ~efly ~tn~ of ~t 11 ae~ing to sMd PI~ ~d ~n ~e s~
No~h~tefly sidefine of n~d ~t 11 a dis~ of 144,4 feet to said K~ thence Southw~rly
by s~d Road 50 f~L more or l~s, to ~ W~terly comer of~d Lot tl ac~or~ng to
~e point


dated September 20, 2002 and recorded in ttte YCRD in Book 2005, Page




                                             END OF DOC~M]ENT
                                                                  2004040892
                                                                  14147 P~ 614




                                TRUSTEE’S DEED

        KNOW ALL BY THESE PRESE~/TS, THAT I, KRISTEN B. RAINES, of
Alexandria, Virginia, as Trastee of the ~HRISTINE W. RAINES QUALIFIED
PERSONAL RESIDENCE TRUST dated ffanuary 21, 2000, by the power eonfelied by
law and every other power, for consideration paid~ grant to said KRISTEN B, RAINES,
of 1176 North Pitt Street, A]exandria, VA 22314-1456, her successors and assigns
forever, the property located in Kenneburdq~ort, County of York and State of Maine, and
be/ng more particularly descr/bed in Exhibit A attached hereto and made a part hereof.

       MEANING AND INTENDING to convey and hereby conveying the premises
described in a ~ertain quitclaim deed to the Grantor herein oi" Ch.ristiue W. Raines dated
January 21, 2000, and recorded in the York County Registry of Deeds, in Book 9891,
Page 197.

        TO HAVE AND TO HOLD the aforegranted arut bargained premises, with all
the privileges and appurtenances thereol~ to said KRISTEN B. RAINES, her successors
and assigns forever, to them and their use and behoof forevex.

       IN WITNESS WIIEREOF, I, said IOlISTEN B. RAINES, Trustee, have
executed this instrument as of the 21~t day of January, 2004.

SIG~D, SEALED and DELIVERED
     in the presence of:




STATE OF VIRGINIA
cot TYor                                                                           ,2004
        Them personally appeared me above named KRINTEN B. RAINES, Trustee of
the CHRISTINE W. RAINES QUALIFIED PERSONAL RESIDENCE TRUST
dated Janumy 21, 2000, and acknowledged the foregoing instnmaent to be her free act arid
deed in her said capacity.

                                             Before me, ~ /C~


                                             Notary P~blic

                                             Printed Name:~~
                                             My commission expires:~,~ ~@..200 e/


                                           EXHIBIT 16
                                                          Doc# ~004040892
                                                          Book 14147 Page 615




       A certain lot or parcel of l~nd, irregular in form and with alt the buildings and "
improvements thereon, situated on the Southerly side ofth~ Kings Highway in Goose
Rocks Beach, so-calla:l, in the Town of Kennebunkport in the Cotmty of York and State
of Maine, being that lot bearing designation "To Be Sold Lunge to McClanahan" upon
be recorded plan hereinafter referred to as "The MeCianahan Plan"; the aforenlenfioned
buildings and improvements being the summer dwelling heretofore at one time occupied
by Atva F. and Myra E. McClanahan and the perimeter description of said’certain lot,
having both highway and ocean frontages, being as foltows:

         Beginning on the Southerly side of the K/ngs Highway at a point marked by an
iron pipe driven into the ground at ~t~e Nor~.&erly terminus of the common boundary line
between the land herein conveyed and land of Lyade, et aI, as established by an exchange
ofqait-elaim deeds on November 13, 1956 between Lunge zad Lynde, et al, recorded in
the York County Registry of Deeds at, respectively, Book 1320, Page 197, and
Bool~ t338, Page 4z10; thence from said point ofbegi~ming on a course of South ten
degrees sixteen minutea West (S t0° I6’ W) by said land of Lynde, et al, a distance of
one hundred fifty-five and forty-three hundredtl~s (155.43) feet to a point marked by an
iron pipe dr/yen into the grotmd at the top of the bank of the Atlantic Ocean; thence
continuing on the same coarse to the Atlantic Ocean; thence in a general Westerly
direction by the Atlarltie Ocean to the extended Easterly botmdary line of the lot of tand
bearing designation "Lunge" on The MeClanahan Plan; thence by the extended Easterly
boundary line of said lot designated ’°Lunge" on a course of North eleven degrees
 fifty-three minutes East (IN I 1° 53’ E) to an iron pipe driven into the ground at the top of
 said bank, said last mentioned iron pipe being seventy-seven and seven hundredths
 (77.07) feet distant from the other herein previously mentioned iron pipe driven into the
 ground at the top of said bank; thence continuing oza the same course of North eleven
 degrees fifty-three minutes East (N I i ° 53’ E) by said land once of Lunge a distance of
 one hundred forty and seven hundredths (140.07) feet to a point marked by a 6" wooden
 gate post and to the Kings HighwaN thence by the Kings Highway on a cottrse of South
 seventy-eight degrees seven minutes East (S 78° 07’ E) and at fight angIes with the
 preceding course a distance of seventy-one and twenty-five htmdred~s (71.25) feet to the
 point of beginning.

         Plan reference - the plan hereinbefore referred to as ’’The McClanahan Plan" is
the plan whioh is formally entitled "Sketeh ShoMng a Study of Property Lines at Goose
Rocks, Kennebtmkport, Me.", drawn by Libby & Dew, Eng’rs, under date of October 3,
1956, revised November 6, I956, recorded in said Registry of Deects, Book of Plans 27,
Page 1, The specific coarses and specific distances heretofore given in the desexiption in
tlfis deed, tmtess the context indicates other~cise, are taken from such plan and the
roferonces to highways, lots, iron pipes and gate posts in this deed, ~miess the context
indicates otherwise, are to the highways, lots, irolt pipes and gate posts as designated oi1
such plan.
                                                              Boo~ 14147 P~ge 616



        Benefits and burdens - the property hereinbefore described is hereby conveyed:
(t) subject to such utility service easements on, over or across said property as may now
have any legal existence; (2) with the be~tefit of appurtenant utility service easements; (3)
subject to such fights as any person as a naember of the public may have to use the shore
of the Atlantic Ocean; and (4) subject to and with the benefit of applicable town, state and
federal zottirtg and land use ordinances and regulations.

        Title references- with respect to sources of rifle to the hereinbefore described
property reference may be had to the following deeds: each of four titIe deeds given by
Alva F. McClanahan and Myra E. McCIanaha~ato Mary Lou Mortroe and Myra Kathleen
BryIes recorded in said Registry of Deeds as follows:

                       D~te of Deed                   Bo.~o_.~k      ~

                       January 2, 1976                2113           334
                       January 3, 1975                2063           763
                       Janrmry 2, 1974                2023           144
                       December t8, 1973              2022           111

and deed given by Katherine L. Lunge to Alva F. M¢Clanahan and Myra E. McClanahart,
as joint tenants, dated November 15, 1956, recorded in said Registry of Deeds,
Book t337, Page 423.




                                                             Received Yo~-k ~S
                                                             07107/2004   9 ~ 17AM
                                                             RESISTER OF DEEDS
                               DE~ OF D~ ~F~BD-A~ON




       A cetlz~lo¢ orpa~cel of~md~ togetl~r with the bm~lhg3 a~ " .ma;~vemeats
 daczeoa, ~whlch b~dl~gs am gez~=~tly k~3wn ~s ~ Staples Cartage") sitmt~d
       Rocks ~ inthe Town ofKe~ebuflqx~ Comzty afYc~k aml Stem




       Trz]]~CE S~u-~"~y hy ~ s~oae ~ 35.6 feet, m~re Or

       Tt~NC~ NoP3~wea~rly by a Ihe pm-~ll¢i ~ ard 33.oo Yeet ~vtahwester~ of,

C~t~ 166 _feet, mm-e or le~;

       THENCE No’r’~e~’ly I~ ~ ~u~ast~IE skle of the th~s
form~ a~ i~cluded angle ofgl ~’ee~; 4-7 mh~t~s w~h ~ae I~ de~tm~d
to ~ po~ ofbe~tm~g. Co~ 5,650 squ,~a-~ f~t, more or less.




                                                EXHIBIT 17
                                                     ~k     146~7 P~ 0144




WE, M1CFLAEL SANDII~ER arut ALICE B. SANDIFEI~ boll o6 6016 Lee Highway,
Warrenton, Virginia 20I 87,

grant with WARRANTY COVENANTS to ~HCILAEL J. SANDIFER and ALICE
SANDIFER~ Co-Trustees ~f fhe Alice B, Sandifer Trust u/a dated
~uqub~ 31 ~ 200,5        , beth 0f60|6 Lee Highway, Warren~on, Virginia 20187, their
successors and assigns,

Our one-half undivided interest in and to tim following described Fope-ety:

        A eedain tot or parcel of land, together with the buildi~lgs thereon, sihtated between
the Atlantic Oeeart and the King’s Highway, so-cMlod a* GOose R<~cks Beach in the Town of
Kennebunkt)ort, Colmty of York and State ofMaine bolmded and d~cfibed as foltows:

        Beginning at a hub by the sea at hind formerly of Oertnade E. Day, now supposed of
one Arnold; thence northerly by land of z~d Arnold |o a highway formerIy tailed
Highway; thence easterly by said highway I00 feet, more or less, to ahub; thence southerly
on a line parallel wi~ the first mentioned course to a hub by the sea; ~ence westerly by the
sea 100 feet, more or tess, to th~ poiat ofbegimalag.

      Meaniag and int~ndilag to convey our one-half andivided inten~st in ~o premises
c~vey~*o ~e Grantors he~in ~d Al~der Bastes ~d K~thleen Bergs, as joint
by W~n~ D~ of Mic~d Sandier ~d ~e~der B~tos dated May 15. l 9g 7, which
recorded on May 20, 1~7, ~ ~e York Coun~ R~s~ of Dens in Book 82~, Page 267.

Wimes~ o~ h~d~ ~d seals ~is~ d~y of~~




COUNTYO~ ~                           ~ __, 2005

Pemonally app~ rite a3ove n~ed MICHEL ~DIFER anO ALICE B.
~d a~owled~ the forgoing ~o be their ~ act =d d~d.

                                            Before me,



                                            Printed Name: L____________~C¢~.
                                            My Commi~ion E~ires:
                                    WARRANTYDE~D
                                  (Maim Stam~Sho~FomQ.



        KNOW ALL MEN BY THESE PRESfFNTS, TI-L~T t, ELEANOR A. S~NE~ of
K~~v~, Co~ ~f Yo~ ~ S~v vf ~nc~ for ~nsid~atEo~ ~ai~ ~ant to
ELE~OR A. S~R an~ ~OB~RT H~ SC~NE~ ~UST~ES OF T~
ELEANOR A. SC~NE~ QU~IF~ PE~ON~ ~S~EN~ TRUST, ~d~ Tm~t

A~t dated ~ ~ ~004, ~ WARTY CO~8, ~ l~d in
K~vbm~po~, Co~ of Yo~ State of Maine, des~b~ ~ follows:

                           SEE ~ A A~A~I~ED HE,TO

       WITNESS my h~md wd s~a~, dfis ~day of~ 2004.

WITNESS:


                                                     ELEANOR A, SCRIBPIF_~



STATE OF’ MAINE
YOKK, ss.
                                                                      ~_~__~   2004

       Then p~rsonally a1~l~e~ed the above named ELEANOR A, SCRIBNER ~nd
avknowledged ~h¢ forego/rig i~trumen-t to be her free act and d~zl.


                                     Before me,


                                                    Notary Pub!i~Law




                                                                EXHIBIT 19
                                           EXHIBIT A

A eedmin lot or p~oe[ of ]and with "all the building~ and improvemer~ts thereon situated
Southeasterly of, but not adjacent to the Kings I-Ii~hway in that part of the Town of
Kcnttcbunkport, Coua~ of York emd State of Maine ~o~ ~s Ge~e Re~k~ Beach and being
more partioulerly bounded and dezeribed ~s follows:

      BEGINNING at an iron pip~ get in the ground artd 1~1 now or tb~Iy of B~b~
Mit~cll, which ~d pipe m~ ~ ~u~erly ~m~ otI~d mnvey~ by Doro~y
S~ to Geor~ C. ~fib~ ~d Ro~ L Sci~a~ by W~an~ D~ da~ Fabm~ 26,
1973, ~d ~rd~ in ~e York R,#~ olD,s, Book 1983, Pag~ 38; ~
~dnow or ~y of Mitchell, S I0" 28’ 14" E, 135 f~, more ur lc~s, ton s~w~;
~ng ~ut S 88~ 37" 42" W, 117.62 ~eL more or l~s, ~g said zeawMt to
~g N 03° 32’ 2¢’ W, ~ 25 ~et to a ~und Jroa pipe ~ ~e Sou~w~t~y
~o~s~d l~d ~nveye~ by Do~y H. S~ibner to G~rgv C. ~ad Rob~ S. S~bn~ in Book
1983, Page 3g; ~ ~ N 83~ 52’ ~" E, I01.35 f~L morv o~ l~s,
~nnmg.

        Also h~eby conveying all of the fight, title and ha|er~t of the Grantor, in attd to ~II Imld
lying adjacent to and Southerly oft he Southerly botmdm-y of the above described parcel to the
Atlantic Ocean which lies between the prolongation Southerly of the Easterly and Westerly
boundaries of the first above d~cribed parcel, subject to the following restrictions:

       No buildings, structures or any improvement~ shall be erected, constructed er be allowed
       to b~ placed or to remain on ~aid parcel. This restrictive covenant is for the benefit of,
       and appurtenant to, the above r~ereneexl prettfiwes conwyed by DorothyN. Set]boer to
       Robert L and George C, $cdb~er, one~ ownod by George C. Seribner and Annette C.
       ~redlmer and such restriction shall be enforceable by ~e owner, from timo to time, of said
       premises at the expeaase of any persons that shall have v/ohtteA this restrJction~

All of the premises here~nabove d~eribed in this de~ are h~eby conveyed subject to a r~ght of
way 8 feet i~ width, which lies adjacent to, and Southwesterly of, the ontire Northemsletly
boundary of nit ~fthe above demribed propm~ runjt~g from land once owned by George C. and
Acmett~ C. Ser~bner to the Atlantic Oce,~

       8edd right-of-way shall be for the benefit of Oeo~’ge C. $aibner and Atmel£ C. Scribner,
       their heirs and assigns, forever, fo pass and repass by foot along, over and across s~id
       way to the Atlantic Ocean from the premises once them which ~re Lhe same that were
       conveyed by Dorothy I-L Sca-ibner to George C. and Robert 1. ScrJboer by deed dated
       Febnmry 26, 1973 and ~ecorded in said Regislxy, Book 1983, Page 38.

Also hereby eonwBdng alI the right, title and inter~t conveyed by Bealrice C. Eldridge to
Dotokhy A. S¢~ibner by Quitclaim Deed dated October 8, 1980 a~d re~x~rded in ~id R~gistry.
Book 2711, Page 175, in and to a certain lot or parcel of lmad situated in s~id K~nnebunk-p~rt at
Goose Rocks Bo’ach, and more pm’ticulady bounded and described as follow~
BEGINNING at the Northwesterly comer of load ofDorothyA, Sc~ibaet; thence
Southerly by said land of $cribaer to low wate~ mark of the Atlantic Ocean or so far as
Beatrice C. E/dridge may own; therwc West~ly by said Ocean 20.67 feet, mor¢ or less, to
a point in the extension Southerly of the center lin¢ era former pa.ssag~ay b6twe¢~
lands of Beatrice C. Eldridge and Dorothy A. Scribner; the~c~ Northerly by said
extension and by land eenveyed by Dorothy A. ScrfbJaer to Beatrice C. Eldridge, to |and
of George $crib~ et ais; thence E,astcdy by said George Scribner et ais l~nd, 20.67 feet to
the point ofbegiiming.

The above described lot is po~t ofwhat was once referred to as a 2 ½ rod passageway, but
v2Mcb has been olalmed, owr.t~l and oexmpied cxcl~sive|yby Be,atric~ C. E]drklge and
her precleceasors entitled, for approximatdy ~0 years.

Said let is conveyed subject to:

       (1) The pedestrian right-of-way over a portion of said lot l~vrmitted for m~ay
       years by Beatrice C. Eldridge and ]Dorothy A- Scr~t~er and their predeceasom
       entitled to the eveners of n~arby pmpertie~ ot~ th~ oppo~im side of said Town
       Road, fi~r access to Goose Rocks B~ch, wl~eh pede~a~ fight-of-way has been
       and is here lJmited to such owners of said properties, their inv~tees ~d guests.
       Reference is made to the release deed dated August 27, 1990, recerded ha the
       York County Registry of Dce, ds in Book 5499, Page 235, in which sach a
       pedeatrian fight-of-way was explicitly 8rame, d to ~med h~divid~a~s, for the
       benefit era nmnbcr of partioal~r properties.

       (2) The rights o f the pubtle in htmt portion botweea~ high and low water mark,
       a.~ granted by ~e Colonial Ordh-am-mes of ]:641 arid 1647 and as now

       Tiffs cozveyaaee with other conveyances to other abetters is made to the Grantee
       as an appurtenm~.ce to the properties above desenq2cd adjacent to said f~rmer
       passageway, to he used In comm~n by them: and by th~ acceptant, of this deed
       the Grante~ agrees for her or himself, his or her heirs mad assigns that said
       property 8ha[t be subject to the l’oIlowing covenants, conditions and vestrletiorts
       wk~eh shall bo perpetual covenants running with the land and enforceable by any
       of the owners (and their respective ~ucees~ors and title) of arty of four adjacent
       properties.

              (I) Said lot shall always be used in common b~’ Beatrice C. Eldridge,
              Dorothy A. Serib:aer and the owners of the other two properties abutting
              said former passageway, their he~r~ ~ ~ssignS for aez, ess to their
              respective properties aud for access to Goose Rocks Beaetr_
              (~) The4r intere6t in said lot shali only be conveyed, d~vJsed or shall
              descend a~ a~ appmtenance t~ their respective prot~cfies, ~nd s~al| never
              be conveyed or ~ther~is~ Mienated to anyone else.
              (3)     The owners of said four adjacent properties shall always sh~re
                       ~quMly in all necessary costs of maintena~co and ~p~v~ ofs~d
                       fo~ p~sageway adja~ t~ ~I1 f~ abating pro~ f~r ~
                       p~o~, ~nd for ~e m~, m~ ~d pros~afion ~ nec~ of
                       ~e s~II, ~hi~ ~es s~d fo~ p~sagaway ~ i~ ~y o~er
                       ne~s~ ~s~ ofm~nm~ng ~d prying ~e s~e, incl~ing


        Also hereby conveying all the p~’q~tual right a~d ezsem~nt conveyed by George C.
Seribner to Robert L Seribner by Quitelakn Deed dated October 30° 1986 and recorded k~ said
Regiztcy, Book 4062, Page 222, for the purpose of instal]Lag, repairing, laying a~d relaying a~y
and all utillticz on a 5 foot wide strip of land adjaeen~ to and southwesterly ~fthe northeasterly
bo~mdmT¢ b~v~rn |arm now or formerly of said George C, .~cxibner ~md the land now or
formerly of Barbara Mitchell, situate~ ia said Kera~bmakport at Goose Rocks Beach, York
Cone~, M~ne.




        .Aitome~ at La~
        62 Portland Rea~
 ~ ~etmebtm~ maiir.




                                      END OF DOCUMENT
c0nsidersti~n paid~ ~TS ~0 ~L~ K. S~, whose mailinq
ad~ess i~ 7~0@ Helsom H~nd ~[rcle~ Dallas, ~exa8, 75230, with
~M ~, her one-half interest as a te~t in ~on i~
~d to the pr~ses s~tmated ~n K~port. Co~ty of York ~d




inst~z~e~It to b~ sxecuted ~ of t~S~/~/dL~ day of Ootoberr 1999.




STATE OF ~Ii~                                          ~.~.~
YO~K, ss,                                   October~           1999
     Then personally appeared the above~amed DEBOibA~ ,/, K:7~H~EY who
ac~Lnow~-edg~d the foreg0in~ in~tr~e-nt tO be her free act and deed.




                                  Co~sioll E~_Dires:




                             EXHIBIT 20
             E~II~IBZT A - QUITCD~kIM RBL~,~ DEED
                     KIiqN~Y TO SKE~



    A certain 10t or parcel of lan~l with the buildings thereon
lying southeasterly of Hatson Kiver R~md, in Ke~eb~ort, cowry
of York ~ State o~ ~lne, bein~ bonded ~d descrlb~d as follows:

southeasterly sideline of said Batson River Road, which said iron
pipe ~ks the wsstexly corner of pz~ses now or fo.~eziy
~ilip G~ Wory;


southwesterly side!i~e of said Gregory l~d a dlstance o~ 160.5
fs~t to an iz’on pipe set ~ th~ gro~d at ~e southerly corD_mr
said Gregory



£0~ly Of Philip


said ~lg property a dist~c~ of 159.9 f~et to an iroD pip8 set
~e gro~ in th~ southeastsrly sidel~De of sa~d Bat~on River

    qhence t~r~ ~d r~q north~ast~r!y by and along
southeasterly sidel~ of sa~d Batson Ri~ar Road, ~ ~stanse of
97,~I feet to the Z~n p~pe set in ~e gro~d and ~8 po~n~ of
beg~n~ng.

     Being the s~e pn~iss~ ~onveyed to Carol~m ~.. sha~Bn end
~sborah J. Ki~ey, as ten~ts in ¢o~, by Warranty D~ed
Cbarle~ ~. Reid, Sr~ da~ed of even dat~ hereof, £~ be record~
herewith.
      above for recording information


                                     QUITCLAIM DEED
                                      (Wi~h Covenants)

       KNOW ALL PERSONS BY THESE PRESENTS that LIENgR TEMERLIN aud

KARLA S, TEMERLIN, ~f Dallas Texos, in c~n~iderat/oa clone DoIiar and oth¢~ vMuable

considerations, h~reby g~cmt ~o J. LIENER TEMERL1N and KARLA SUE TEMERLIN,

TRUSTEES O1~ THE TEMERL[N 1998 FAMILY TRUST, a Texa~ trust dated October t,

1998, as mnet~ded on Apr~I 5, 1999 and June I, 2007, and with an address of 19 St. Lament

Plaee~ Dalt~, Texas 75225, with QUITCLAIM COVENANTS, the follo-edng described tea]

estate, situated in the Towa of Kcnneb~mkpo~ in the C~un~y of York and State of Maine,

bounded ~ described as follows:



       Two certain lots or parcels of land on Sand Point, so-called, at Goose Rocks Beach in the
Town of Ketmebunkport, Counl-y of York aafl State ofMah~e, ~d being 1o~ n~a~bercd 19 and
2I a~ delineated on "Plan Shovc~g ~ Subdivision of The O’Ham L~fl, G~ose Rock8 Be~eb,
Kermebunkpon, Makae," dated October 6, 1959, revised December 8, 196I, dravm by Libby a~d
Dow~ Engh~eets, a~d ~eco~ded in York Cotmty Regish-y of Deeds, Plan Book 33, Page 18, lo
which Plaa and th~ record thereof referene~ is herein had for parfict~|ar description of said
premises and d~e metes and bounds thvre9f.

       Together with the right, in common with others ~eretmto entitled, for any o_nd all
purposes ofiagres~, egress, telephone, water mad other utilities over the private ways shown on
said Pimp, leading h-ore the King’s Highway, so-called, to said to~r~ and aubject to wa~er ~tain
r~ght-of-way of the Kermebank, Kerrnebunkport &Welis Water DistrieL

        The within G-minces, by the aeeepta~e~ of this deed a~d as a part of the eousidexati~n
hereof, hereby COVENANT AND AOREE for themselves~ their saeeessors and ass~ga~, thai
they will pay a proportionate share, along with the owners of other l~mdz ~h~wn on sa~d plan, of
.the maintenance cost of the private ways and avenues leading from the public way t9 the above~
described premlses until such time as s~id w~ys shall be nceepted ~s public streets by the Town
of Kermebtmkped.




                                                                EXHIBIT 21
       Further, the w[thia GTantzzs by the acceptance of this de~l and as a part of the
consldcration her¢o~ do hereby COVENANT AND AGREE FOR themselves, their heirs and
assigns, that they will hold said premises upon the terms and canditions set forth in ~o de~d
from Eliot O~Hara an~ Shirley P. O’H~ra= "~o C. R.iclmmad Pa~, and Helen Q. P~ge, dat¢~
December 15, 1960 and records1 in York County Registry of De~s at Book 1639, Page 373.

       Subje*t to ~seme~ts and rostri¢fioI~s of record insofar ~ now in force and applicable.

       BEINO the same prcmis¢~ conveyed to 1he Orantors tmmin by the following deeds:

              (l)     Davld R. Page dated October 22, 2001, and recorded i~ ERe York Count),
                      Registry of Deeds in Book i I06t~ Page 301;

              (2)     Pauline Q. Lathmn dat~l October 22, 2001, and recorded in the said
                      Registry of Deeds in Book 1 t061, Page 303;

              (3)     Sandra L. Jerkins dated October ")2, 2001 a~d recorded in ~e said
                      Registry of Deeds in Book 1106 l, Page 305;

              (4)     Susan L. Parker dated Oetobex 23, 2001 and receded in the ~dd Registry
                      of Deeds h~ Book l[06L Page 307.

      1N WITNESS WHEREOF tl~ said LIENER TEM~iLL[~ and KARLA S. TEMERLiN
have hc~eumo set lh¢ir hands and zeal ~ ’ ~ day of~_~a._._~, 2008.




                                            LIENER TEMERLIN
                                                                              ..........


STATE OF TEXAS
COUNTY OF _~ ~


      Then personally apW2zed thv above-naraed Liener Temerlin and Kada S, T~rn~rlin and
acknowledged the foregoing instcmnen~ to be their fi’~e act m~i deed~ before me,



                                           No~ry Public                 ~~
                                           My cormnission expires ~/! q /~zo~ Z

                                           Printed Name: "O-~,d ,’-~

                                             End of Document
Se~nd Pa~ty, ~’W_ Va~Icr~c~m




                               EXHIBIT 22
                                                        O0~TO



   K~0w ALL M~W BY THES8 PREEKNTS, That I, ROBEKT L. GIDPA~RIC

O5 1038 Gr~er|d~le Avsnue, N~edham, t~% 02192, in consld~ratiOn

o~ One dolla~ and othe~ valuable considerations paid b~ ~ETH G.

ZAqOREN of 142 Ches~OS~ Street, Cambridge, MA 0~139, the

receipt whereof I do he¢~by acknowledge, do hereby REMISE~

RELEASe, BARGAIN, S~Lb AN~ CONVZY and ~o~e~er QUIT CLAIM ~to



    All my right, title and intg~est, it bein~ a one half (I/2)
interest~ ~n a~fl to:

   A certain lot or parc~l Of land w~h the boildiBgs thereo~


westerl~ side of a zoad l~adlng from the mai~ b~ghway to the


   Beginning on ~hc West ~ide o[ sa~d road at an ~ron p£~ on



feet to an Izon p~n and ~and formerly of one GiEnn~e~

   ~NC~ ~orth about I0° ~a~t on~ hon~ed and ~i[te~n (115)


    T~ENCE North 75~ E~st ~o a~ icon pin set ~n the gro~n~ on
the West s~de o~ ~h~ road le~d~nq to the bea~* aforesa~d~


£~fteen (115} fe~t to the po~nt of beginning.

    Al~o cosveylng h~zein all r~h~, ti£1e and in~e~t in an~
to the beach in front of sa~d premises and contained between
sa~d s~a wall and kb% ocean and the side lin~s o~ said lot as
e~tend~d tO %be wa~er.   Also th~ use ~s commpn wlth o~he~s ~n




                              EXHIBIT 23
 and to the £irsz men£1oned road leading from the main h~ghway



     Being the same premises c0nveysd t0 Psml ~. Gil~atr~c and

et ux~ dated May 3, 1963 and £eco£dad in Zork Registry of Deeds
in Book 1547, P~|e 83.

   AISO all right tit~e and inherent in and to that strip of
la~d which Lies ~djace~t to and easterly o~ the above described
parc~l a,ld westerly of the stone bulkhead markinff the west~rl

the beach and ~Iss markin~ the ~asterly sideline OE

described par=el by sa~d Gilpa£r~s and their prede~ezsora in
title.

    Being the ~ame premises described in a Quit Claim deed o£
said Traugbts to Pa~l ~. and Helen 5, Silpatric ~s joint
tenants, also dated May 3, 1963 and recorded in said Registry
in Book 1547, Page 458.


Representative o£ the Est~t9 o~ ~a£d ~elen L. G[Ipatr~c (who
survlvad said Paul ~. Gilpatrlo) dated June 19, 1991, ~ecorded
~n ~aid Registry [n Book 5756, Page




   i.    Deed o~ Distribution £rom Edwlu ~. walker as Personal
Rspre~sntat[ve cf the ~ate of my late father, Paul
GZlpatr[c, dated~q ~’~| and recorded i~ York Re~iStry



Bal~n L. Gilpatg:[c 1980 Trus%, residuary beneficiary ~r~ th~


Page.~

    ~0 ffAVZ ~ND TO HOSD the same, ~oqether with all the



BE~ Z, ZAGOR~N, her heirs and ~sslgus forever.

    ~ND I do COVENANT with %he said Grantee, he~ heirs a~d
 to the ~aid ~a~ee~ he~ ~e~r~ and a~igns ~o~eve~ agai~8~ t~

lawf~l claim~ and demand~ o~ all ~rsons ~lalmi~g by, through

or ~nder ~e,



                set my hand a.d seal, £his                           ~~ d~y 0~ hhe

monhh of              December       A.D. 1991.




                    Presence of


                                               "ROBERT ~, G~LPA~RIC

COMMON~EA[,TH OF MASSACH%fSET~S                                                "’


       Then pe rson~lly ~ppea~ed the above named ~.

GILPATRICact and deed.~nd mcknowl~dged the


                                  M~-~x ~,.,.~, ~/I                  " -"~<"
~309J               ~~ ~ ~ I~




                                                   RECEIVED

                                         -3-

                                                      ?l".:~ "" ":
                                 CLERK’S CERTIFICATE


STATE OF MAINE
York, ss.
Aifred, Maine


        I,                    , Clerk of the York County Superior Court, do hereby
certify that plaintiffs (identified in the attached Exhibit A) filed in the Office of the Clerk of this
Court a Complaint for Declaratory Judgment and Quiet Title against defendants Town of
Kermebunkport and ALL PERSONS WHO ARE UNASCERTAINED, not in being, unknown or
out of the State, heirs or legal representatives of such unascertained persons, or such persons as
shall become heirs, devisees or appointees of such unascertained persons who claim the right to
use or title in Plaintiffs’ Property other than persons claiming ownership or easement by,
through, or under an instrument recorded in the York County Registry of Deeds.

        The complaint seeks declaratory judgment under 14 M.R.S. §§ 5951-5963 and claims
pursuant to 14 M.R.S. §§ 6651-6663 to quiet title and remove any cloud of apprehension over
plaintiffs’ title to their respective property (identified in the attached Exhibit A) situated at Goose
Rocks Beach, Town of Kermebunkport, York County, State of Maine, as described more
specifically in their respective deeds recorded at the York County Registry of Deeds

     The compIaint is dated October        ,2009, and was filed in this Clerk’s Office on
October ,2009.

       IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of this
Court this __ day of October, 2009.


                                                                                       , Clerk
                                      Clerk’s Certificate
                                         EXHIBIT A




Robert F. Almeder and Virginia S. Aimeder,       113 Kings Highway    Book 15659
Trustees of the Almeder Living Trust                                  Page 864
Christopl~er Asplundh                            17 Sandpoint Road.   Book 1979
                                                                      Page 551
Charies L. Nickerson, Successor Trustee         217 Kings Highway     Book 4354
of the Albert Palmer Trust                                            Page 48
John T. Coughlin and Priscilia M. Coughlin,      115 Kings Highway    Book 3085
Trustees of P.M.C. Realty Trust                                       Page 5
Willard Parker Dwelley, Jr.                                           Book 12248
                                                                      Page 9
W. Parker Dwetley, iII and John H. Dwelley,     23 Sar~dpoint Road    Book 15577
Co-Trustees of the Joan H. Dwelley                                    Page 679
Testamentary Trust
Robert B. Eisenberg and Leslie A. Eisenberg      167 Kings Highway    Book 11817
                                                                      Page 222
                                                                      Book 11817
                                                                      Page 224.
Jan.ice M. Fleming                              227 K~ings Highway    Book 13696
                                                                      Page 59
John O. Gallant and Sharon A. Gallant           219 Kings Highway     Book 8413
                                                                      Page 198
Jule C. Gerrish                                  173 Kings Highway    Book 1819
                                                                      Page 32
Eugene R. Gray, Trustee of the Qualified         183 Kings Highway    Book 14656
Personal Residence Trust                                              Page 916
Edwina D. Hastings, Trustee of the              221 Kings Highway     Book 14999
Edwina D. Hastings Revocable Trust                                    Page 766
Leslie A. Josselyn-Rose, Trustee of the LAJR    251 Kings Highway     Book 15587
Trust                                                                 Page 49t

Deborah J. Kinney                               223 Kings Highway     Book 9721
                                                                      Page 278
Terrence G. O’Connor and Joan M. Leahey         195 Kings Highway     Book 13253
                                                                      Page 87
Paley Family Homes, LLC                         153 Kings Highway     Book 15495
                                                                      Poge 120
Kristen B. Raines                               249 Kings Highway     Book 14147
                                                                      Page 614
Linda M. Rice                                   193 Kings Highway     Book 7955
                                                                       Page 127
Michael J. Sandifer and Alice B. Sandifer,        253 I~dngs Highway   Book 14627
Co-Trustees of the Alice B. Sandifer Trust                             Page 144
Eleanor A. Scribner and Robert H. Scribner,       291 Kings Highway    Book 14225
Trustees of the Eleanor A. Scribner                                    Page 139
Qualified Personal Residence Trust
Carolyn K. Sherman                                109 Kings Highway    Book 9721
                                                                       Page 281
 J. Liener Temerlin and Karla Sue Temerlin,       29 Sandpoint Road    Book 15455
Trustees of the Temerlir~ 1988 Family Trust                            Page 875
Richard M. Vandervoom, Lawrence W.                177 Kings Highway    Book 15718,
Vandervoorn and Robert O. ClemeJas,                                    Page 584
Trustees of The Cornelius J. Vandervoom
Qualified Personal Residertce Trust
Beth G. Zagoren                                   215 Kings Highway    Book5931
                                                                       Pages 340




                                              2

				
DOCUMENT INFO
Shared By:
Categories:
Tags:
Stats:
views:0
posted:3/14/2013
language:Unknown
pages:77