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Rockingham Planning One Water Street, Exeter, N.H. 03833 (603)-778-0885 Commission MI REGIONAL GB PLANNING 493.3 R62 0 0 00 1984 c.2 r- - - - - -7 1@do T ROCKINGHAM PLANNING COMMISSION-TOWN OF RYE PUBLIC SHOREFRONT ACCESS STUDY August, 1984 2: a ry U S DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER 2234 SOUTH HOBSON AVENUE k -411,- CHARLESTON SC 29405-2413 The New Hampshire Coastal Program provided a grant for the preparation of this report which was financed in part by the Coastal Zone Management Act of 1972, as amended, administered by the Office of Oceans and Coastal Resources Manaoement, National Oceanic and Atmospheric Administration. r6 Cv- INTRODUCTION The Coastal Zone Vianagement Act Amendments of 1976 call for studies of public access to the shorefront to be an integral part of coastal planning efforts. Concurrently, public access to coastal waters has been set forth as an objective of New Hampshire's Coastal Resources program. Public access is an ongoing concern of Rye, New Hampshire. Rye's coastline accounts for eiqht miles of New Hampshire's eighteen mile coastline. At numerous locations along Rye's shorefront, legal access to the sea is disputed. For example. in at least two instances, a "public" right-of-way in Rye has been posted with "No Trespassinq" siqns by the abutting private parties. Were this desionation to qo unchallenged, these public ways could well become "private." One beachfront property owner claims part of the beach in addition to land under the ocean all the way out to the Isles of Shoals, and even has a deed to "prove" it. The following material provides a review of past and present efforts addressing access conflicts, and supplements this information with current data and recom- mendations directed at resolving the disputes. Specifically, the following involves a qeneric analysis of statutes and case law relating to public rights- of-way and coastal access, extensive research into existing coastal reportsl, town records, deeds, historic maps, and interviews with longtime residents; a detailed analysis of the more troublesome sites; and a list of alternative actions available to RYe Selectmen and the Planning Board. t-lost importantly, the report provides direction for local officials in assessing the options at their disposal. lSource material includes. "A Public Shorefront Access Planning Process for the State of New Hampshire," (1978), "Open Space Standards and Criteria," (1969), and. "Areas of Particular Concern," (1977 published by the Strafford Rockingham ReQional Council and the New Hampshire Office of State Olanning. TABLE OF CONTENTS SITE SELECTION 1 OVERVIEW OF NEW HAMPSHIRE LAW RELATIVE TO TOM ROADS AND PUBLIC WAYS 3 WTHODOL06Y 7 SITE ANALYSES: Site A: Wallis Sands 9 Site B: Alphabet Streets 15 Site C: Little Harbor 30 Site D: Jenness Avenue at Old Beach Road 36 Site E: Old Beach Road near Carbee Drive 43 REMEDIAL ACTIONS AVAILABLE TO RYE TOWN OFFICIALS 44 ATTACHMENTS 47 INDEX TO ATTACHMENTS 48 SITE SELECTION The first phase of this project entailed the listing of sites where access was thought to be problematic or contested. Locations were solicited in the autumn of 1983 from the Planninq Board. Selectmen, Conservation Commission, present and former Building Inspectors, and interested local citizens. The following list was compiled: 1) Alphabet Streets at Jenness Beach. 2) Cable Road Extension. 3) Off Old Beach Road (Tax V1ap 18, Parcels 213 and 214). 4) Off Old Beach Road (Tax Plap 15, next to Parcel 202). 5) A possible right of way approximately 10 buildings south of Pirate's Cove. 6) Wallis Sands across from Harbor Master. 7) Little Harbor at Wentworth Road by golf course. On January 20, 1984, the Rye Selectmen prioritized this list as follows: (Note Selectmen's letter in Attachment 1). a) A possible right of way approximately 10 buildings south of Pirate's Cove. b.) Alphabet Streets at Jenne5s Beach. C) Little Harbor at Wentworth Road bv qolf course. d) Off Old Beach Road (Tax Map 18. Parcels 213 and 214). e) Off Old Beach Road (Tax Map 15, next to Parcel 202.). Sites"A" throuch"D" were subsequently investigated (see Plan 1 on following page). Upon discovery that Site "E" is currently being litigated by the Jenness Beach Precinct, we decided that further investigation on our part would be redun- dant and probably extraneous. Plan 1 PRIORITY SHOREFkONT ACCESS SITES e Harbor TOWN up mrap %%_4 jrzw waaff"Wrim PhErAP5FO AbY Tiwr P)YE I-L-AAJN1AJC. &04P)Z7 17r.6 A)i;V134w0AAJVP)50^AWAJ ArP,11. 1W AWYJOJWAJ W. PUPP&W A!,J,0r-jA-rjp1,jV4 -aLLip" I -CT-5 hEMM"( g 4 bU51Nr5-!P A 10 b&ildings south COMM4P)CIAL Em Pirate's Cove Nt J/ L t e ' .7 -r V- ONO -4 2 e) Map 15, next to Lot 202 -4 Map 18, Lots 213 & 214 b) A lphabA streets V j Vf Y- - 7 A J# Nc-i7a 2 OVERVIEW OF NEW HAWSHIRE LAW RELATIVE TO TOWN ROADS AND PUBLIC WAYS Prior to discussing the methodology used to prepare this report, a quick overview of New Hampshire law relative to streets and highways would be helpful. Note text of selected laws in Attachment 2. Highways are defined and classified by New Hampshire Statute as follows: General Definition RSA 229:1: "Highways are only such as are: (1) laid out in the mode prescribed therefor by statute, or (2) roads which have been constructed for public travel over land which has been conveyed to a city or town or to the state by deed of a fee or easement interest, or (3) roads which have been dedicated to the public use and accepted by the city or town in which such roads are located, or (4) roads which have been used for public travel, other than travel to and from a toll bridge or ferry, for 20 years prio@ to January 1, 1968, and shall include the bridges thereon." Classification: RSA 229:5 Class I, II and III are state highways. Class IV, V and IV are town (or city) roads. Class IV: Roads in built-up sections of municipalities over 7,500. Class V: All other public roads which the town has a duty to maintain. Class VI: All other existing public ways including highways: 1) discontinued as open highways and made subject to gates and bars; all those not maintained for 5 years or more. The town retains a public right-of-way on these Class VI roads. 3 Highway %intenance: RSA 231:57 - 110 MunIcipalities hav e responsibility for maintenance of Class IV and V roads. Class VI roads, by definition, are not maintained and the town is not liable for maintenance or accidents thereon. Establishment of Town Roads: There are three ways to establish town roads: 1) By Layout: RSA 231:1 - 33 Class IV, V and VI highways may be laid out by Selectmen. Following a citizen petition to Selectmen, a Public Hearing is held (minimum 14 day.notice) and damages are assessed. Note examples of this proce- dure in Attachments 41 throuah 44. Many of Rye's roads were laid out in this manner during the 19th century. RSA 231:6 specifically authorizes Selectmen to layout Class V highways to "Public Waters." Layout may be appealed as per RSA 231:34-39. 2) Dedication by property owner: RSA 231:51 The Town assumes responsibility for maintenance when a street is accepted by Town Meeting Vote. Proposed streets should first be approved by the Planning Board and built to Town standards. If a platted street is not built or used for public travel within 20 years, RSA 231:51 requires that it be "released and discharged from all public servitude" in a manner prescribed by RSA 231:52. In Young vs. Prendiville, 112 NH 190 (.1972), the New Hampshire Supreme Court found that. despite C Street's implied dedication, "public use was indefinite and at the most suggested an occasional use," and was therefore insufficient to show public acceptance of this street in Rye. 4 3) Prescription. Under the leQ.al doctrine of prescription, the public may acquire transit riqhts over private property by repeated passage over that property over a period of Years. Class V roads can no longer be esta- blished by prescription. Only roads used by the public for 20 years Prior to January 1. 1968. can be established as Class V hiqhways by prescription. Public use must be open. continuous, and without the permission of the landowner. that is, it must be "adverse and hostile"2. Private and even public easements may still be established by prescription. as the January 1. 1968 requirement pertains only to Class V hichways. In Young v. Prendiville, the Superior Court ruled that plaintiffs did not prove adversity and hostility over a 20-year span, thereby reiectino their claims of a prescriptive easement. The New Hampshire Supreme Court ruled in 1977 that use by the public of a road "looking for a place to swim" though "intermittent and of a slight volume," is sufficient to sustain a finding of establishment by prescription.3 Discontinuing Highways: RSA 231:43 Class IV, V, and VI hiqhways may be discontinued only by vote of the town.4 Discontinuance occurs- when an open hiqhway is eliminated outright, or becomes subject to qates and bars, thus creatinq a Class VI road. In the latter instances. the riaht of way would continue as a public way.5 Appeal from discontinuance is to Superior Court (RSA 231:48) within 6 months. In those instances where a highway was established by prescription, discontinu- ance requires consent of the Superior Court.6 2See Jean v. Arsenault, 85 NH 72 (1931): Williams v. Babcock. 116 NH 819 (1976): and Leo Foundation v. State of New Hampshire, 117 NH 1209 (1977) 3See Leo Foundation v. State of New Hampshire, 117 NH 209 4See Marone vs. Hampton 123 NH 7129 (1983) 5See Bancroft v. Canterbury, 118 NH 453 (1978) 6See Currier v. Davis, 68 NH 596 (1896) 5 Once a highway Is established, it is presumed to exist until discontinued. Non-use or abandonment by the public for 20 years does not constitute disconti- nuance.7 One cannot acquire a private interest in a highway by adverse possession, as this doctrine may enhance public rights but may never be used against public ways.8 7See Davenhall v.-Cameron, 116 NH 695 (1976) BIbid. MTHODOLOGY A four-step methodology was selected to analyze beach access -- a review of town records to determine the existence of explicit rights-of-way, a review of past litigation on the matter, interviews with local residents, and a listing of alternative approaches the Town can take to improve beach access. As has been noted, existing public rights of way have come about by one or more of the following: 1) By expressed grant 2) By reason of layout or dedication on a plan or map 3) By prescriptive use of the general public. Additionally, private parties such as residents of a particular neighborhood may have acquired rights of passage through adverse use. To date,. litigation involving beach access in Rye has not produced any conclusive evidence. relative to expressed grants simplY because no comprehensive survey of public records had been undertaken since 1901.9 The first task was to conduct such a survev. In order to determine conclusively the existence of (or the lack of) grants, layouts, dedications, discontinuances, and easements, the Town Clerk's and Select- men's records were searched back to the 19th century as were the Planning Board records, Board of Adjustment records, Historical Society archives, tax records, and historical maps dated 1805, 1842, 1851, 1857, 1892, 1900, 1918 and 1938. The titles of the subject properties were also traced at the Rockingham County Registry of Deeds, noting any mention of public or private easements, while ignoring attachments, liens, or technical title defects. An invaluable by-product of this research was the compilation of a comprehensive listing (indexed and cross-referenced) of dedications and discontinuances townwide (see Attachments 9, 10, 11 and 12). 9L. B. Parson. History of Rve, Concord: Rumford Printinq Co., 1905 7 A5 mentioned above, other means by which access rights are acquired include prescriptive use by the general public and/or au'verse use by cerLain private parties. Prescriptive easements may be established by documented public use for a period of 20 years or longer prior to January 1, 1968, to establish high- ways, no deadline for lesser easements. In 1971-72 litigation involving access at the alphabet streets (Young v. Prendiville, 112 NH 190), the courts found the level of documentation of prescriptive and adverse use to be insufficient. With that in mind, a wide ranging series of interviews were conducted with present and former residents of the areas in question, documenting names, dates, and patterns of land use. Finally, various alternatives available to the Town which may potentially enhance public access at the selected sites are described. All of the above was then reviewed by legal counsel. SITE A Wallis Sands, 1256-1262 Ocean Boulevard (12 buildings south of Pirate's Cove) Plan 2 97A. 2 .111 2601, 0 167 P ED 173.2 0 168 0 6 51. El 3.62A- 169 0 C3- 0 ID m7 %E:N I , 62 -t7 @71 77 2LO b 2 '101 0 o 0.41 o8L's 181 Q Is"s 194 ED 204 ,9.-7 6 A. 201 J lies& 4. T4 A 'D 0 -T co C:j 01 C @31 4 s e44 mw 2@ 4;@ History, The telephone pole in the photograph above marks the approximate northern boundary of a large tract of land conveyed in 1881 from Trueman Odiorne to Sylvester Odiorne (Volume 486, page 40). The deed mentions "Marsh" and "sand hills" but makes no reference to buildinqs or riaht5-of-way. Wallis Sands had not vet been developed, nor was there apparently any access by road. This stretch of Ocean Boulevard was constructed in 1902. 10 In 1909, Sylvester Odiorne platted 16 lots between the boulevard and the beach, each lot being 50 feet wide on the beach side (see Plan 3 below. and Attachment 13). Three years later, Odiorne sold lots #1 and #2, the northerly two lots, to Frank Beebe (Vol. 667, page 222). The deed makes no mention of any easements. In 1919, Beebe sold Lots #1 and #2 to Frances Stone (Vol. 734, page 56). Frances Stone sold the northerly of the two parcels, Lot #1, to Gertrude and Vivia Stone in 1923 (vol. 780, page 15). The Stones conveyed Lot #1 to Hazel Johnson In 1939 (Vol. 961, page 360), who in turn willed it to the present owners, Harlow and Rita Cole (see Attachment 14). None of these transactions made mention of any easements or passageways. Lot #1 is designate d on the Rye Tax Map as Parcel #181 on Sheet #9. Plan 3 31' 13 7 4- C) Note that the 2qYYq^LL-qIq,q% 16qF28qLAqIqV4q40qLq-07-@S -q:q:0q@8q=E-O CX --- 4q-4q- left side of 48qZ44q@52qL8qvi-0q5-rr-F0qr 0,8qD) this plan showing Lots 1, "2qIc 2, & 3 has been lost. Tax Map Parcels #180-1 and #180-2 originate with the Jonathan Everett Odlorne subdivision of 1901 (see Plan 4 below, and Attachment 15). This tract encom- passes.the present passaqeway. Plan 4 OCEAN J 3 L tk. 1. 4..2, CA 3, 5'a 6 44 . ......... CA 0 5'. CX & CA, 7. C&. S. i-10 7L___@ 4 G PLAN OF 13 EACH LANO BaLcoogi%og tb J. Ever4tt 0jiorove,_R@., N.H. 15.1 E7.13.-Pk4kI,,;-k M-ts 27, /go'- J. Everett Odiorne's Lot #4 corresponds with the present Tax Map Parcel #180-1, while Lot #8 corresponds with Tax flap Parcel #180-2. Note that Odiorne's plan indicates a 16 toot Hide north/south-"passway," and another runninq east/West whose width varies between 22 feet. 23 feet. and 37 feet. 12 J.E Ordiorne sold Lots 4 and 8 in 1901 Edward P. Kimball and William F. Thayer, who held both lots in common ownership (deed copy Attachment 16 and hip ided cop Attachment 16 and see Plan 5 below, Parcels # 180-1 and 18U-2). This deed also conveyed "the right to use the common passways desiqnated on said (J.E. Ordiorne) plan." Addition- ally, "said qrantees are given the right of way over said grantors' land from the highway to the Ocean, said right of way to be twelve feet wide and adjoining land of Sylvester Ordiorne." The properties eventually passed to Thayer's daughter, Margaret Sulloway, and to Kimball's daughter-in -law, Maude B. Kimball. In 1926, they sold the property, along with the above mentioned rights to the passways and right of way to Arthur Dedes (Vol. 831, page 162. Note copy in Attachment 17). re It,j A 0 161 1-97A. 162 1&4 2.81 240#, 925 00 2011.7 6q0 14 17). 16 C3 0 4C3 tic 6q0 Plan 5 87 4@ CD 7 (APZ S 217 E12 IN0q@0qD 2q0 160_z0q@ o F4q@ 2-02 192 7 7 4-Iqt 97 A. 96qE96q] > 4200q1 U4qj J 4.14A 4q0 32qC20qD Ct 3 13 0195 Helen Michaud was the sole heir of Arthur Dedes. In 1950, she conveyed Lot #4 (1258 Ocean Boulevard) to the present owners, Paul & Gladys Little (Vol. 1162, page 25). Twenty years later., she conveyed Lot #8 (1256 Ocean Boulevard) to its present owner, Norman Michaud. Both deeds also convey all rights of passage set forth in the Sulloway to Dedes deed. Interviews (Conducted by Max Friedman, July 1984) USE OF NAME ADDRESS YEARS IN HOW RIGHTS OF RAY Allan Parrish. Concord Point No Answer Jacob Abbott Concord Point No Answer S. A. Drinkwater Concord Point 37 Yes Henry McFarland Concord Point 28 Yes John Morton Concord Point No Answer Sarah Morton Concord Point No Answer Norman Michaud 1256 Ocean Blvd. No Answer Gladys Little 1258 Ocean Blvd. No Answer 0. Shuatte 1260 Ocean Blvd. No Answer Findings: 1) Research has unearthed no expressed grant of public rights of passage. 2) The 1901 J. E. Odiorne plan appears to indicate an implied easement by reasons of the platted passageway running 267 feet between Ocean Boulevard and the public beach. 3) Interviews with area residents suggest that a case may be made for public easement by prescription; however, the documentation to date is not overwhelming. 14 SITE B Alphabet Streets at Jenness " ach Be < Ate ir 000 C4 8 R62. 145 DAD 1K 145 0-4 109 41 4 1 A 1. 15 1@ Ito @> 4@@30 7 so 139 Ix*j%5 112, 14S Va. Z@- u c ha 138 12% 96 4 ',so* 4"o 23400 114 3 i2o 74 GIs* xadaq 116 75 -16 442.go F Street 117 its 83 CC q VIC sew &4 @-s +3oO a E Street 1-310 -7461 'W" f9sil 11 40 lei 04 lop, p 460 64 D Street 1 a4"o , Ir 2 f4t 50 )so 1 5 63 T 6 C Street a S4 B Street J6f A Street &Ctm Plan 6A ss- 53A 15 RRWNR"'@ pAg-40-IMINI.- 'FRO at, -'E @24 WO A Street M-7 --pM 31:5 7-14711.1177 'V rn!@@J- 7 V7 M @N Wt, ERR B Street AMM ME Ra 9vi pir 1@k, MOM 5@ nF man too I "4w. C Street @IRIEQK ANMIL D Street 17 J, 77!4- Awl ddL E Street aml FP- 77,77-77,- 7.,-- F Street 18 History: As recently as World IWar I. the Jenness Beach area was little more than a cow pasture. In 1919, Vathilda Kirkegaard of Bedford, Mass., acquired 72 acres of pasture land from James Perkins and John Brown (Vol. 739, Page 113, Attachment 20). This tract extended from Perkins Road north to approximately the present site of Philbrick's store, and was bounded on the east by the beach and on the west by Central Road. The ambitious development proposed for this tract was dubbed "Myrica-by-the-Sea." Mothilda Kirkegaard was related to the Brown family of Bedford, Mass. Although taking different corporate names from time to time, this family oversaw the development of this 355-lot development throuqhout its history. Kirkegaard conveyed the premises in 1920 to the Rye Beach Realty Co., a family corporation (Vol. 739, Page 114, Attachment 21). A plan was drawn by John Durgin Indicating 51 lots west of Ocean Boulevard, but nothing east of the Boulevard other than "High Beach Land." (See Plan 6B below and Attachment 22). Plan 6B > 31 CA 54 Rr A. Co 19 In July 1921, Rye Beach Realty Co. conveyed the property to another family corpo- ration, the Brown Real Estate and Timber Company (Vol. 757, Page 20). Over the course of the next six years, Brown Real Estate and Timber Company sold twenty lots, most of which were in fairly close proximity to the beach. The next plan to be recorded at the Registry is entitled, "Beach Land of Brown Real Estate and Timber Company." (See Plan 7 and Attachment 23.) The plan clearly shows A Street through E Street. Although undated, comparing land sales with owners indicated on the plan dates this plan to the autumn of 1921. Plan 7 A AN-j'kv 6A5 24 7:.j Yj: 3 A .7 7 F, ;1 4 cc AM an 7T-' ....q.q.q..q.q.q.q.q. 20 A "Plan of Philbrick Land ... Developed by L.C.K. and T.M.M. Kirkegaard" was drawn in August of 1922 (see Plan 8 and Attachment 24). This plan indicates the E Street and F Street area close to Its present configuration. Plan 8 qY 6q4TqA e 0qC a% 4b 6q40q@ q10 qly -q4 qrq. The Philbrlck plan was soon followed by an undated. "Plan of Mvrica-BY-The-Sea," for the Brown Real Estate and Timber Company of bedford, Mass. (see Plan 9 and Attachment 25.) Deed references to this plan appear aa early as August 1924. A comparison of lot sales to the plan dates the plan to January 1923 at the earliest. Note the proposed landscaped hotel where the yellow stucco apartment building now stands. Also note that "A" Street is clearly intended as a continu- ation of Baker Avenue. Plan 9 V 8qV :;K CID Baker Avenue LAL 8qV X q6q1 q'2qS so- COD 22 Sometime between 1924 and 1927. the developers becan refering to themselves as "Kirkegaard Real Estate Development." The 355-lot Myrica-BY-The-Sea plan drawn by Higqgin & Collins (portion shown below) was recorded at the Registry in 1926 (see Plan 10 and Attachment 26). For the properties west of Ocean Boule- vard, this plan is the. basis for nearly all the subsequent deeds as well as the present street configuration. Note that land east of the Boulevard is indi- cated only as "One Mile of Sandy Bathing Beach." q@8qA`@4 Plan 10 qN 4" All 6q4q@ 26 27 2qL C 7 -4 I2qT-q11 07 7 0q@qd qJ 56qS04qPA BY Tqj2q@ qbqmqtq.q.qnqaq-quqs qLqoqr LqAqM8qf8qtqOqTq' 23 The only remaining plan of the Alphabet Streets that was recorded at the Registry is entitled, "Beach Front Lots," by John W. Durgin ( see Plan 11) . The plan indicates that it was "Reduced Jan. 22, 1935," but does not reveal the date of its drawing. Though not labelled as such, A through E Streets are clearly indicated. The lot owners correspond with those of the mid-1920's. Plan 11 REDUCTINO OF BLUEPRINT SHOWING BEACH FRONT LOTS AT JENNESS BEACH RYE N H 24 4 Two additional streets to the beach, "G Street" and 11H Street." were reportedly platted between F Street and Cable Road; however, these alleged streets were not located on any plans at the Reqistrv or Town Hall. Access to the beach via the alphabet streets have long been a bone of contention among area residents, particularly during the last two decades. As shown on the accompanying photographs, abutting property owners have converted much of A, 8, C, and D Streets into lawns. Privately constructed seawalls have effective- ly blocked public access to the beach. In 1964, A Street abutters went so far as to hire an off-duty policeman to prohibit beachgoers from using the street. Angry confrontations ensued. In 1969, Kirkegaard's heir, Louise K. Brown, offered to deed the alphabet streets to the Town in order to insure public access. Her written offer read as follows: May 24, 1969 Dear Mrs. Valkmann, There are, Indeed, rights of Hay to the beach. They appear on the recorded plan of Rye Beach. As you perhaps know, my mother and father, Mr. & Mrs. John Kirkegaard, and my husband, John F. Brown, owned all the land on both sides of the Boulevard, from Cable Road to Perkins Road, running north to "the sheep pasture" beyond Great Rock Road. Also, from a point opposite entrance to Perkins Road. The first property sold was on the Beach, there- fore they reserved access roads to the Beach for the use of those who would have cottages on the north side of the Boulevard. I will be glad to help you in any way I can. If the Town of Rye will make up deeds of these roads from me to the Town, I will be delighted to give the land to them. It will be pleasant to have the matter settled once and for all. The Town's counsel can find the roads on the map they have on file. Yours very truly, Louise K. Brown In response to Mrs. Brown's offer, a Warrant Article was presented to the 1970 Town *et1nq accepting Brown's dedication and appropriating $200 to prepare the deeds. The article was tabled 134-113 on motion of Attorney Douglas Gray. P 1- _"M _29 @__ _0 R Alphabet Streets from Beach Early in. 1971, thirty-one residents of Myrica-by-the-Sea west of the Boulevard brought suit against John Prendiville, a C Street abutter, for blocking public access. The Superior Court ruled in favor of Prendiville. The court found no evidence of an expressed grant or implied easements. Inexplicably, the Master ruled the 1926 "One Mile of Sandy Bathing Beach" as the only relevant plan by reason of Its basis for deed references. He also ruled that plaintiffs did not produce sufficient evidence to demonstrate prescriptive easements by the public, or adverse possession by neighbors. The decision was upheld the follow- Ing year by the New Hampshire Supreme Court. (See Attachments 27 and 28.) Extensive research by the plaintiffs' attorney in the Younq/Prendiville case revealed only one lot on the westerly side of the Boulevard whose deed grants the owner a richt of way on the easterly side.10 In the wake of the adverse rulinq by Superior Court. an article was presented at the 1971 Town Meetinq instructing the Selectmen "to proceed by eminent domain to acquire title to A, B. C, D, E, and F Streets." The article was laid to rest without a vote when Acting Town Counsel Lindsey Brigham ruled that "the law laid out the proper procedures (for, eminent domain) and that this was not 1OLot #119 on the 1926 plan; Parcel 47, Sheet 16 on the Tax Map. 1lTown Clerk's records of the 1971 Town Meeting. 26 The following year, an article to raise funds for the acquisition of the alphabet + A fiferent, 1W1arr an L, mrti c I es treets fail-A by a 100-,7r V_+_. F-4nal 1 117 11 4 x A-; submitted by Maynard Young, each one proposing the acquisition of an individual alphabet street, passed Town Meeting. This action eventually resulted in the Town's acquisition of one of the alphabet streets, E Street, in the summer of 1973. In 1974, twenty-eight residents petitioned the Selectmen to lay out a 20-foot wide Class VI Town Road on C Street (note Attachments 41, 421. 43 and 44). Follow- ing a Public Hearing in August of that year, the petitioners were denied by the Selectmen on a 2@ to 1 vote for the following stated reasons: "The Selectmen find no occasion for the layout of a highway in accordance with the petition. After due consideration of the public exigency and convenience, the rights of the affected owners and the necessary expense to the entire town ' the Selectmen find that any public good which might arise from the lavout of the highway would be limited to a small area of town and the general convenience to the entire town would be minimal at best. It further appears that the Cost to the town as a whole which would be incurred by reason of the layout of a highway in the area stated in the petition, would far oUtNeiqht any benefit which may accrue to the town as a whole should the highway be laid out. There has not been demonstrated a genuine overall public need for such a highway as petitioned." Interviews (Conducted by Max Friendman, July 1984) USE OF NAME ADDRESS YEARS IN HOME RIGHTS OF WAY Peter Dahlen 6 Big Rock Road 24 Yes Randall Crapo 8 Bia Rock Road Not at home Leon Valley 11 Big Rock Road Not at home Garv Nelson 16 Big Rock Road No Answer John Squires 31 Biq Rock Road 5 Yes Norman Currier 35 Big Rock Road No Answer Rev. George Kilcoyne 45 Big Rock Road Deceased R. McNamara 55 Biq Rock Road No Answer Earl Amazeen 63 Bio Rock Road No Answer Mark Bucklev 63 Big Rock Road No Answer Richard Heaiey 2135 Ocean Blvd. 9 Yes Eucene Dineen 2136 Ocean Blvd. No Answer Robert Poulin 2165 Ocean Blvd. 7 Yes Geo. Davis 2161 Ocean Blvd. No Answer 27 (Interviews continued) USE OF NAME ADDPFqq vE,APSz IN w,,r-#A-P RTCWTC nC WA Y 4-1.1 @ W. Richard Gray 2170 Ocean Blvd. No Answer Francis Larkin 2170 Ocean Blvd. No Answer Malcolm McGregor 2170 Ocean Blvd. No Answer George Ryan 2170 Ocean Blvd. No Answer Howard Wiley 2170 Ocean Blvd. No Answer G. L. Costello 2229 Ocean Blvd. No Answer Christos Papoutsy 2234 Ocean Blvd. No Answer Richard McInnis 2227 Ocean Blvd. 4 Yes Tim Terragni 2227 Ocean Blvd. No Answer H. D. Kenny 2'225 Ocean Blvd. No Answer Dan Sullivan 2220 Ocean Blvd. 40 Yes Ronald Chouinard 4 Gray Court Deceased John Randall 4 Gray Court No Answer Small World Gift 4 Gray Court No Answer Roland Berthel 5 Gray Court 13 Yes M. Powers 9 Gray Court 60 Yes Eric Johnson 17 Gray Court 42 Unable to get out Joseph Kennedy 21 Gray Court 10 Yes Peter McCue 22 Gray Court No Answer Malcolm Flanders 25 Gray Court 2 Yes D. J. Sullivan 321 Gray Court No Answer George Pearson 36 Gray Court No Answer John Develange 37 Gray Court 19 Yes Martin McLaughlin 38 Gray Court No Answer David Pollks 39 Gray Court No Answer Edward Hogg 40 Gray Court No Answer John Lewis, Jr. 44 Gray Court No Answer Bernard Niedziela 6 Adler 5 Yes Peter Carey 8 Adler Not at home Robert O'Malley 11 Adler Phone disconnected Thomas Thornton 12 Baker Ave. Not at home Robert Mara 14 Baker Ave. Not at home William Ryan 14 Baker Ave. Not at home M. J. Trant 18 Baker Ave. Not at home Karl Kristenson 23 Baker Ave. 10 Yes Robert Wason 29 Baker Ave. Not at home Warren Dearden 32 Baker Ave. 19 Yes Calvin Metcalf 35 Baker Ave. Not at home Ric Demarais 41 Baker Ave. Not at home S. Thomas 54 Baker Ave. Not at home Joseph King 55 Baker Ave. Not at home Tom WaeChter 62 Baker A"Ve. Not at home V. A. Morrill 80 Baker Ave. Not a thome Robert Dudley 80 Baker Ave. Not at home 28 Present Status: E Street was deeded to the Town in 1973. The fate of F Street has not "Ween Udeteri-nineud, Uut public access does not appear restricted as evidenced by photographs and interviews with area residents. There is no trace of G or H Streets. An underqround fuel tank reportedly lies beneath D Street. As mentioned above, access along A. B. C, and D Streets remains blocked, though no taxes have been assessed on these 30' wide lawns. Findings: 1) No expressed grants relative to the alphabet streets have been located. 2) Regarding dedications of land for streets, the court's exclusion of plans other than the 1926 plan is questioned. A careful reading of RSA 231:51 (dedications) certainly suggests that some of the beach front plans cited above have more bearing on the matter than the court acknowledged. Perhaps the court was not appraised of the development's full history. 3) Based on court records and our extensive interviews with area resi- dents, we believe a good case could be made on A, B, & D Streets for prescriptive public easements and adverse possess ion by area resi- dents. In that C Street has already been litigated, it appears unlike- ly that the court would hear a similar case absent dramatic new evidence. 29 SITE C Little Harbor by @*nt"orth Road and Golf Course % 84 0 %I LOO 0 zss-75 co\@ @-4 9 30 J ML A Looking southerly from disputed access site along shore of Little Harbor. M I arms -2 J -7k Looking southeasterly from Wentworth Road across disputed access site. 31 v _ZZL W@ Z4 *2269 Looking southeasterly across disputed access site. History: The access site in question lies at the junction of the Wentworth Golf Course and Waldron's lot, which is designated as Parcel #8 on Tax Sheet #1. The site's lack of veqetative cover sets it clearly apart from the qolf course (note photo above). The present Wentworth Road. alonq with a bridqe to New Castle, was built in 1874. Prior to that time. travelers to New Castle followed the ancient Ferry Road which traversed the present-day golf course. oriqinatinq at Pioneer Road. and leadina to a terry landina near the present bridge. The land in question was conveyed in October 1873 from Jedediah Rand to Charles Odiorne (Vol. 442. Paqe 404). This 4 112 acre tract was bounded on the north by the "New Castle Bridoe Company" (Wentworth Road), on the east by Little Harbor. and on the west by the old Ferry Road (see Attachment 29). The deed made no mention of easements or other riahts. 4-01 32 Seven years later, Charles Odiorne conveyed this tract (now referred to as 5 112 acres) to Samuel Odiorne, "together with the beach and water privileges thereunto belonging." (Vol. 476, Page 412. See Attachment 30). We can only speculate as to where these "privileges" originated. In 18899 Samuel Odiorne subdivided this tract, and conveyed the present Waldron and Smith lots (Parcels #8 and #7 on Tax Sheet #1) to Lucy Richardson of Boston (Vol. 517, Page 275. See Attachment 31). After describing the perimeter of the conveyed parcel, the deed reads as follows: 11 ... Intending to convey all the land and water rights and privileges not belonging to the public which lies on the southerly side of the following described line, to wit: Beginning at the southerly sideline of said (Went- worth) road at Little Harbor River where it runs under said bridge and following said southerly sideline of said road westerly to the stone steps opposite (across the road from) land of Charles B. Odiorne, which lead from said road down over the bank towards the beach, the distance measuring from the westerly end of said bridge to said steps being about 500'..." The stone steps are long gonef but they would mark the boundary between the Waldron lot (Parcel #8) and the golf course. Who built the stone steps and for whom they were intended remains unknown. As to the referenced "water rights and privileges," again we can only speculate. Samuel Odlorne deeded the remainder of this parcel (presently the northeast corner of the golf course) to the Wentworth Hotel Company in 1921. (Vol. 743, Page 390). Though unmistakably the land in question, the golf course segment had now grown to 7 1/2 acres. The 7 112 acres probably resulted from a consoli- dation with other Odiorne land. Four years later, Richardson conveyed her parcel also (the easterly portion of Odiorne's original tract) to the Wentworth Hotel Company (Vol. 795, Page 415. Attachment 32). This deed references the same stone steps and public rights mentioned in her 1889 deed cited above. 33 The hotel went bankrupt in 1932. The premises were then acquired by Harry Beckwith of Brookline, Mass., (Vol. 886, Page 411) together "with the benefit of all existing rights, easements, and restrictions reserved in or imposed by any deed of record, whether the same be specifically referred to in this deed or not." Six years later, Beckwith conveyed the property to Wentworth Hotel, Inc. (Vol. 1042, Page 397). SEE 43 SHEET 2 Plan 12 6 36400 5 18400 4 tL 4- C, 31200 7- b 00O A 8 20 40 Z3,575 X "Tract D" Wentworth Hotel Inc. subdivided off the present Waldron lot (see Plan 12 above, Parcel #8, Tax Sheet #1) and sold it to Helen Waldron in 1946 (Vol. 1058, Page 458). The old 7 1/2 acre Odiorne parcel which comprises the northwest corner of the golf course and abuts Waldron, re-emerged in 1964 as "Tract D" in a convey- ance from Wentworth Hotel, Inc., to Wentworth Fairways Golf, Inc. (Vol. 1745, Page 419). This deed continued to reference the old steps to the beach (the access study site) as well as the old Ferry Road. Likewise, the same description of Tract D was used when the property was conveyed to Wentworth by-the-Sea Corpor- ation in 1983 (Vol. 2451, Page 1727, Attachment 33). A "No Tresspassing" sign Has erected at this site in 1983. 34 Interviews '1 ^0 A N (Conducted by F-Alax Friedman, Jully Lzu-r) USE OF NAME ADDRESS YEARS IN HOME RIGHTS OF WAY Frank Walther 3 Wentworth Rd. No Answer G. D. Jennings 5 Wentworth Rd. 30 Yes, for worms Helen Waldron 16 Wentworth Rd. No Answer Arthus Schlieper 21 Wentworth Rd. 39 Yes, for worms Gerald Terpstra 23 Wentworth Rd. 28 Yes, for worms Edward Clancy 27 Wentworth Rd. No Answer Findings: 1) Research has uncovered no express grant of public rights of passage; however, someone's "land and water rights and privileges" are clearly referenced in early deeds. 2) No plan or map to indicate any implied easements or ot her public rights was located. 3) Interviews suggest that the public has acquired a prescriptive use at this site bv virtue of uninterrupted use for hundreds of years, primarily in search of shellfish and worms along the sides of Little Harbor. 35 SITE 0 ru'll U-j Beach rRoad at the foot Of Jjenne5s Avenue !,L. JL 2ZZ S W. 40 21 fp ZA4 2ZO Aq 94 libel if S-. Ic 2 6@6 2@5 9676 7 3 Aq /7 2 01 24 AV Ay 275 1 z 3 (04t 19909 0 204.2. &SO 211 20 V 1 76 A4 31, ( P. .1 fS 144 > 151 Q0 0S J 0 Ilk 0 A 15750 6669 % b 2 So 45 42 Aj/ 0 Z6% .1 C)%5 A 't 1,150 Plan 13 36 Looking east from Old Beach Road Historv: In 1901, A. E. Turner of Boston conveyed an uninhabited 27 acres of "woodland and pasture" to Fred Towle, Harry Yeaton and Charles Trafton, all of Portsmouth (Vol. 584. Page 126). his tract was bounded on the south by Cable Road, on the east by Jenness Beach. and extended as far north as the old 1ife Saving Station (56 Old Beach Road; Parcel 218 on Tax Sheet 18); and westerly to the terminus of Jenness Avenue. Four months later. Arthur Heffenqer of Ports- mouth acquired a one-fourth share in the property (Vol. 584, Page 406). These four individuals subsequently subdivided the tract into 171 lots and platted Atlantic Avenue. Jenness Avenue and Ocean Avenue (Breakers Road) amonq others. in a 1903 plan entitled. "Property of NH Beach Improvement Company." (See Plan 14 and Attachment 35.) PROPERTY OF NEW HAMPSHIRE EACH IMPROVEMENT CO (OF PORTSMOUTH N. H.) RYE, N. H. scale 10-40 feet Lestruton cl AREA 27 ACRES 1903 37 Plan 14 1903 Plan of NH Beach Improvement Company Land Plan 14 0 UE '1 117- 0.- R C) r -F 14 r TO AC V4 ROAD Note that the segment of "Cab Road"indicated on the 1903 pl -n 38 was subsequently re amed "01 Beach Road". The access site in question is indicated on this plan as a "Right of Way" at the foot of the present Jenness Avenue (see Plan 14). The plan's lot numbers 6, 7, 24, and 25 correspond with the Tax flap's Parcel #214, while the plan's lot numbers 8 and 23, and, a portion of numbers 9 and 22 correspond with Tax Parcel #213 (see Plan 13). Note the other north/south Right-of-Way indicated on the 1903 plan. Portion of Plan 13 Portion of Plan 14 207 At -7S .275 2 5 100 0 qj A2* 16q0 ? 211 .0, 1 1j" 2 16 > 21LI 141 51 15 0 214 0 212 45 AiV 1M. oq:.. 1'65 k-C q117 q4j The New Hampshire Beach Improvement Company does not appear as a grantor in any recorded deeds, rather the lots were sold under the auspices of the North Shore Realty Company (Arthur Heffenqger, President) or under the names of the four above-named proprietors. In 1906, Lots 6, 7, 24 and 25 were sold as a single tract, along with the north/south riaht-of-way ("now discontinued") to Elizabeth Daland of Salem, Mass. (Vol. 616. Paqe 229: and Vol. 618, Page 426). These deeds twice refer to the east/west right-of-ay as "Jenness Avenue." Daland conveyed these premises to Ernest Griffin in 1919 (Vol. 735, Page 60). Griffin's heir, Ellen Griffin Root. conveyed the same to Norman Anderson in 1944 (Vol. 1016, Page 378) who in turn sold it to William Holihan in 1947 (Vol. 1081, Page 90). Note a 1964 Holihan deed in Attachment 36. Holqihan's wife Ruth is the present owner. 39 The history of the land on the southerly side of the access site (Tax Parcel #213; Lots #8 and 23, and portions of #9 and 22 on Plan 14 below) is a bit more complicated. Enlarged portion of Plan 14 L OA D 0 zz WAY @-T /0. 7 dENNESS BE: ACH Helen Trafton acquired this property from North Shore Realty Co., in 1912 (Vol. 667!, Pagge 57), along vq1th the north/south right-of-way which bisected it on the 1903 plan. Trafton, in turn, conveyed the same to Mary Jordan six years later (Vol. 726, Page 146, Attachment 37). In 19239 exactly 20 years after this "Jenness Avenue Extension" was platted, both abutters apparently made claims to the right-of-way. Jordan apparently claimed title to the half of the right-of-way which abutted her house lot, while announcing acquisition of rights to the other half by Ouitclaim Deed from the northerly abutter, Ellen Griffin (Vol. 748, Page 313). 40 In 1938, Jordan conveyed the house lot and her supposed title to the east/West right-of-way in separate deeds to Marjorie Stannard (Vol. 937, Page 356 and Vol. 945, Page 224). Stannard conveyed both in the same deed in i952 to James and Geraldine Hollhan (Vol. 1258, Page 107. See Attachment 38.) The present owner, Geraldine Holihan, acquired the same in 1977 (Vol. 2281, Page 968; Attachment 39). Interviews (Conducted by Max Friedman, July 1984) USE OF NAME ADDRESS YEARS IN HOW RIGHTS OF KAY Walter McGrail 9 Jenness Ave. 25 Yes Betty Ardini 20 Jenness Ave. No Answer Laurence Tierney 20 Jenness Ave. No Answer Charles Parlatore 22 Jenness Ave. No Answer S. G. Marino 32 Jenness Ave. No Answer John Duffy 40 Jenne5s Ave. No Answer Jane Hobson 69 Jenness Ave. 20 Yes Edward McCormack I Atlantic Ave. Not at home Warren Young 10 Atlantic@Ave. 31 Yes Angus Kennedy 18 Atlantic Ave. 27 Yes Lois Bryant 21 Atlantic Ave. Not at home Charles Riley 22 Atlantic Ave. Not at home M. H. Donovan 58 Atlantic Ave. Not at home Judith Fudge 59'Atlantic Ave. Not at home Jeffrey Geraghty 59 Atlantic Ave. Not at home Peter Agrafioto 60 Atlantic Ave. 30 Yes William Smith 72 Atlantic Ave. Not at home John Schermerhorn 72 Atlantic Ave. Not at home Woody Foss Foss Circle No Answer Frances Gormley Foss Circle No Answer Wallace Smith Foss Circle Phone d15con- nected Plato Cronin 2 Breakers Road No Answer Paul Cronin 3 Breakers Road 8 Yes Herbert McDonald 5 Breakers Road 1 Yes Joseph O'Brien 14 Breakers Road No Answer I John Todisco 19 Breakers Road No Answer James Shirley 27 Breakers Road No Answer M. J. Maguire 5 Old Beach Road 48 Yes James Gard 34 Old Beach Road 6 Yes Wm. McConner 36 Old Beach Road 28 Yes John Batal 44 Old Beach Road 20 Yes Robert Moran 44 Old Beach Road No Ans"er 41 (Interviews continued) USE OF NA,ME ADDRESS YEAR S I N HOW RIGHTS OF WAY Philip Mongan 47 Old Beach Road No Answer W. R. Smart 50 Old Beach Road No Answer Geoffrey Hughes 63 Old Beach Road 28 Yes Andrew Beach 67 Old Beach Road No Answer George Horne 68 Old Beach Road 30 Yes Henry Tosi 74 Old Beach Road 1 Hasn't noticed Wayne Rich 79 Old Beach Road 10 Yes Dan O'Leary 80 Old Beach Road 55 Yes Peter Harlan 83 Old Beach Road 25 Yes Robert Dunn 85 Old Beach Road 23 Yes Wm. Holihan 86 Old Beach Road Did not call M. J. Boyle 89 Old Beach Road No Answer G. T. Holihan 92 Old Beach Road Did not call Ruth Donnelly 95 Old Beach Road No Answer Harold Barnard 99 Old Beach Road No Answer J. Dansby 100 Old Beach Road 10 Yes Nat Bellantone 103 Old Beach Road No Answer Albert Ryan 106 Old Beach Road 13 Yes Pete Campobasso 108 Old Beach Road 37 Yes Wm. Mitchell 109 Old Beach Road 30 Yes Edmund Mahoney 110 Old Beach Road No Answer Daniel Black 112 Old Beach Road 25 Yes E. L. Fiske 112 Old Beach Road No Answer Dennis Foss 112 Old Beach Road No Answer Findings: 1) No expressed grants in favor of the public were found; on the contrary, abuttors claim title to this "right of way" and have accordingly incorporated it into their deeds. 2) The right of way was clearly platted in 1903. Whether RSA 321:51 relative to dedications applies to pre-1913 plans is unclear. 3) Interviews with area residents suggest that a strong case may be made for a public easement by prescription and adverse possession by nearby residents. 42 SITE "E" Not investigated due to pending liti@-ation. Spp McConnor et. al. vs. Rye (6 -7 91 ol L /@x Plan 15 194 116 1159, 187 b1i 2,-o i A 114,sf V t54744a 203 5 t53193 204 1,5007 -,, X 16 8" \@ \ 9475 11b*9 2 2S 9616 0 19509 1.6 50 4 "Old Town Way" at Jenness Beach 43 REMEDIAL ACTIONS AVAILABLE TO RYE TOWN OFFICIALS Rye town officials may enhance public rights to beach access through any of the four alternatives outlined below: 1. Litigation As pointed out by Attorney Charles F. Tucker (Attachment 28A), the C Street case could have gone either way. Absent any dramatic new evidence, re-opening litigation on C Street would stand little chance of.success. The court would likely dismiss such an attempt at the outset on the grounds of "Res judicata," a matter already ad.judicated. Regarding all the other sites, however, litigation remains a viable, though expensive, alternative. Attorney Tucker estimated legal fees in the range of $3,000 - $5,000 per site. @*re permanent injunctions ensuring public access to be pursued by the Town. the interviews and lists of area residents cited in this report could serve as an initial step toward demonstratinq a prescriptive easement and/or adverse possession. thereby reducinq the Town's overall leqal bill. Note that in the 1971 C Street case. the court found the plaintiffs' presentation deficient in respect to documented public.use. This report has cited 15 resident interviews in the Alphabet Street area alone indicating lonq-term use. Five years after the C Street case, the New Hampshire Supreme Court made a decision which appears to greatly strengthen possible future litigation in support of public access rights to Rye's beaches. In Leo Foundation v. State of New Hampshire (117 NH 209), the court ruled that use by the public of a road "looking for a place to swim," though "intermittent and of a slight volume," would be sufficient to sustain a finding of establish- ment by prescription. In yet another recent case, Marrone v. Hampton 123 NH 729 (1983), the NH Supreme Court ruled against an abutter who had encroached upon a public way to the beach in Hampton (see Attachment 46 for Hampton Selectmen's response to @Iarrone's encroachment). In short, since the C Street decision. it appears that the New Hampshire leqal climate has shifted in favor of oreater public access to public waters. 44 z Street LaYOUt Pursuant to RSA 231, the Selectmen are empowered to lay out streets so Iona as It serves a "public purpose." Certainly access to the public beach would qualify as a legitimate public purpose. Me value of land taken for such a layout would be assessed by the Selectmen (RSA 231:15), and the owners compensated. The fact that taxes have neVer been paid on these roughly 30-foot strips might be taken into account as well as the "detrimental" effect in terms of real estate value, of documented public use. Obviously, Town Meeting action would be required to raise funds for this compensation. RSA 231 goes into greater detail ' on all procedures associated with street layout. Note Attachments 41 through 44 as sample formats for layout petitions, public notices, Selectmen findings and decisions. The cost to the Town for this procedure Is, of course, entirely dependent on the number of sites the Selectmen choose to address, and the assessed value of the land in question. 3. Eminent Domain The Town might also pursue acquisition of fee simple ownership of these access sites through exercise of its power of eminent domain.12 Once again, the necessary public purpose is easily demonstrated, but the required compen- sation for land taken would have to be raised at Town Meeting. 4. Acquisition of Public Rights by Negotiation Of the four alternatives presented here, this one would probably be the most acceptable to all parties, and cause the least amount of expense to the Town. Given the Town's options outlined above, the Selectmen would command a great deal of leverage in any negotiating process. Obviously, the findings of this report and documented public use contained therein further strengthens the Town's negotiating position. 12See ')6 AM Jur 2d, Eminent Domain, paragraph 60 45 T i it St I le-ctmeh could pursue fee simple ownership. or lesser property rights such as a transit easement for pedestrians. Such an easement could be in perpetuity or desioned to expire after a specified number of years. Town Counsel could be asked to draft an easement that incorporates whatever restrictions seem appropriate. Neaotlated acquisition of easements would settle the public access question once and for all. An additional advantaae to the Town would be receipt of tax revenue for those heretofore untaxed waterfront parcels. Indeed. additional tax revenue would soon pay for the relatively minor expenses associated with necotiation. As the simplest and least costly option. it is our recommendation that Alternative 4 be pursued. Regardless of which course the Town follows, the public will not likely exercise their riahts unless they are aware of them. 'Therefore. we further recommend that the access sites be clearly posted. "Access To Public Beach." or the equivalent. And finally, please note the no-nonsense response of Hampton Selectmen (Attachment 46) to similar encroachment on public access to the beach. 46 ATTACHMENTS t i 47 IiTN!-UEr'-,- Ti UG 'A -FrIACFVENl`ra Attachment 1: Selectmen'5 letter re: Site Prioritization Attachment 2: Selected state laws relative to streets and public ways Attachment 3: 1805 Map of Rye Attachment 4: 1851 Map of Rye Attachment 5: 1857 Map of Rye Attachment 6: 1892 Map of Rye Attachment 7: 1918 Map of Rye Attachment 8: 1938 Map of Rye Attachment 9: Town Meeting Action on Roads Attachment 10: Chronological Summary of Town Meeting Action on Roads Attachment 11: Alphabetized Summary of Town Meeting Action on Roads Attachment 12: Town Deeds Attachment 13: Wallis Sands 1909 Sylvester Odiorne Plan Attachment 14: Wallis Sands Johnson to Cole deed (2170/329) Attachment 15: Wallis Sands 1901 Jonathan Everett Odiorne Plan Attachment 16: Wallis Sands J.E. Odiorne to Kimball deed (584/354) Attachment 17: Wallis Sands Sulloway and Kimball to Dedes (831/162) Attachment 18: Wallis Sands Margaret Michaud to Norman Michaud (2300/1990) Attachment 19: Wallis Sands Title Abstracts Attachment 20: Alphabet Streets James Perkins to Mathilda Kirkegaard (739/113) Attachment 21: Alphabet Streets -- Mathilda Kirkegaard to Rye Beach Realty Co. (739/114) Attachment 22: Alphabet Streets 1920 Durgin plan of Myrica by the Sea Attachment 23: Alphabet Streets 1921 Plan of Brown Beach Land Attachment 24: Alphabet Street5 1922 Plan of Philbrick Land Attachment 25: Alphabet Streets 1923-24 plan of Brown's Myrica by the Sea Attachment 26: Alphabet Streets 1926 plan of Myrica by the Sea 48 Index of AttachmentS. contlnue--, Attachment 27: Alphabet Streets Decision of the Superior Court. Young v. Prendiville Attachment 28: Alphabet* Streets Decision of the NH Supreme Court,, Young v. Prendiville Attachment 28A: Alphabet Streets -- Legal Opinion re: possible future legal action Attachment 29: Little Harbor Rand to Odiorne (.442/404) Attachment 30: Little Harbor Charles Odiorne to Samuel Odiorne (476/412) Attachment 31: Little Harbor Odiorne to Richardson (517/275) Attachment 32: Little Harbor Richardson to Wentworth Hotel (795/415) Attachment 33: Little Harbor -- Wentworth Fairways Golf, Inc., to Wentworth by the Sea Corp (2451/1727) Attachment 34: Little Harbor Title Abstracts Attachment 35: Old Beach Road 1903 Plan of NH Beach Improvement Co. Attachment 36: Old Beach Road -- William Holihan to William & Ruth Holihan (1748/463) Attachment 37: Old Beach Road Trafton to Jordan (726/146) Attachment 38: Old Beach Road Stannard to Holihan (1258/107)' Attachment 39: Old Beach Road James Holihan to Geraldine Holihan (2281/968) Attachment 40: Old Beach Road Title Abstracts Attachment 41: Petition for Class VI Highway Layout Attachment 42: Public Notice for Hiqhway Layout Attachment 43: Certification of Notice for Highway Layout Attachment 44: Findings and Decision re Highway Layout Attachment 45: Recent Time magazine article on legal trends relative to Beach Access Attachment 46: Recent Portsmouth Herald article (9/19/84) detailinq response of Hampton. N.H., Selectmen to encroachment on pubiic access to the beach. ATTACHMENT 1 Selectmen's letter regarding OFFICE OF SELECTME site prioritizatio'n RYE, NEW HAMPSHIRE January 20, 1984 Mr. Tom Morgan Rockingham Planning Commission One Water Street Exeter, New Hampshire 03833 Dear Tom: Based on the list your provided to our office relative to public access we wish researched under the approved grant, below please find the list in order of our priority. a. A public right-of-way, ten buildings south of Pirate's Cove b. Alohabet streets (6) at Jenness Beach, especially "C" street c. Little Harbor at Wentworth Road by Golf Course d. Off Old Beach Road (Tax Map 18, Lots 2131 and 214) e. Off Old Beach Road (Tax Map 15 next to Lot 202) Regarding item c - Mr. Michael Cavaretta and our Town Clerk, Jane Ireland, may be able to provide you with historical information. If you have any further questions, please let, us know. Very Truly yours, FOR THE BOARD OF SELECTMEN J. P. 'Nadeau, Chairman ATTACHMENT 2 Selected State laws relative to public ways CHAPTER 9-31 CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS Laying Out Highways 231:44 Notice Required. 231:1 Class IV, V and VI. 231:45 Subject to Gates and Bars. 231:2 Class IV Compact Section High- 231:46 Authority to Reserve Existing Util- ways. ity Easements. 231:3 Class V Town Roads. 231:47 Consent of Court. 231:4 Village Districts Not Eligible for 231:48 Appeal from Discontinuance; Road Funds. Damages. 231:5 Class IV Highways Financed by 231:49 Petition for Assessment of Damages. Federal Aid Funds. 231:50 Towns Not Liable After Discontin- 231:6 Highways to Public Waters. uance. 231:7 Applicable Provisions. 231:51 Dedicated Ways. 231:8 Petition. 231:52 Release by Town. 231:9 Notice. Special Limited Access Highways 231:10 Owner of Property: Notice. 231:53 Limited Access Highways. 231:11 Hearing. 231:54 Definition. 231:12 Lay Out. 231:55 Lay'Out, Construction. 231:13 Joint Action. 231:56 Restricti,ons. 231:14 Apportionment of Cost. 231:15 Assessment of Damages. Repair of Highways by Towns 231:16 Return. 231:57 Levy of Highway Taxes. 231:17 Pavment or Tender of Damages. 231:58 Collection. 231:18 -To Nonresident. 231:59 Expenditure. 231:19 -When Owner or Resident Un- 231:60 Insufficiency of Taxes. known. 231:61 Repair by Contract. 231:20 -In Case of Dispute. 231:62 Highway Agents. 231:21 Gates and Bars. 231:63 -Additional Duties. 231:22 Previously Discontinued Highway. 231:64 Expert Agent. 231:23 Conditional Lay Out. 231:65 Oath; Bond: Supervision. 231:24 Winter Roads. 231:66 Compensation: Statements. 231:25 Towns on Connecticut River. 2:31:67 Temporary Absence. 231:26 -Agreement as to Expenses. 221:68 Accounts. 231:27 Boundary Lines of Town High- 231:69 Gravel May Be Taken. ways. 2:31:70 Obstruction During Repairs. 231:28 Conditional Layout for Existing 231:71 Village Districts. Private Rights-of-Way. 231:72 Contribution by County to Repairs. 231:29 Betterment Assessments Against 231:73 -Procedure. Abutters and Those Served. 231:74 Contribution Bv Another Town. 231:30 Liens For Assessments. 231:75 Damages Fron Grade Change; 231:31 Collection of Assessments. Assessment bv Selectmen. 231:32 Abatement of Assessments. 231:76 Petition to Court. 231:33 ' Repair and Maintenance. 231:77 Land Not Adjoining Highway. Appeals and Lay Out by Superior Court 231:78 Payment of Damages and Basis of 231:34 Appeal. Liability Defined. 231:35 Deposit in Court. 231:79 Highways to Summer Cottages; 231:36 Pavment bv Court. Exemption. 231:37 Ju@gment Against Petitioner. 231:80 -Notice. 231:38 Petition for Lay Out. 231:81 -Keeping Open. 231:39 Notice. Neglect of Highways Laying Out Rights-of-Way for Removal of 231:82 Penalty for Neglect. Lumber 2:31:83 Indictment. 231:40 Petition. 231:84 Fine. 231:41 Use and Discontinuance. 231:85 Witness Fees. 231:42 Notice and Hearing. 231:86 Execution. 231:8" Expenditure. Discontinuance of Class IV, V and VI 231:8@ Payment of Damages to Land- Highways owner. 231:43 Power to Discontinue. 231:89 Account. 2-2 .1.1 An T_@ Lost 'Bounds- 1_,*xutpLiunb. I-Ray of Town ANer 1111'ctice of In- 'ILI sufficiency. 231:136 Whprp in Force. 231:91 Town to Act; Liability. Names of Highways Liability of Town., 231:137 Naming. 231:92 Liability of Towns for Damages on 231:138 Limitation. Bridges, Culverts and Embank- Trees and Roadside Growth ments. 231:139 Tree Wardens. 231:93 When Not Liable. 231:140 Control of Trees. 231:94 Sufficiency of Warning. 2,11:141 Acquisition of Trees. 231:95 Approval of Railings. 231:142 Marking of Trees; Acquired. 231:96 Weight of Load. 231:143 Appropriation. 231:97 Width of Felloes. 231:144 Removal of Trees. 231:98 Droves of Cattle. 231:145 Removal of Certain Hazardous 231:99 Speed Limit. Trees. 231:100 Burden of Proof. 231:146 Notice. 231:101 Filing Claim Within 10 Days. 231:147 Injury or Defacement of Trees. 231:102 Petition to Court. 231:148 Trees Donated. 231:103 Order of Court. 231:149 Public Ownership. 231:104 Limitation of Action. 231:150 Clearing Highways. 231:105 Liability of 2 or More Towns. 231:151 Improvements by Abutter. 231:106 -Notice; Appearance. 231:152 Burning Brush. 231:107 -Settlement by One Town. 231:153 Disposal of Brush. 231:108 -Apportionment. 231:154 Taking Tree Rights. 231:109 Liability of Persons for Damages 231:155 State Supervision. on Bridges, Culverts, and Em- 231:156 Penalty. bankments. 231:110 Venue. Scenic Roads 9-31:157 Scenic Roads: Designation. Sidewalks 231:158 Effect of Designation as Scenic 231:111 Construction of Sidewalks. Roads. 231:112 Assessing Abutters. 231:113 Repair and Maintenance. Lines of Telegraph and Other Companies in Highways Public Parking Facilities 231:159 Applicability of Subdivision. 231:114 Findings and Declaration of 231:160 Authority to Erect. Necessit'% 231:161 Procedure. 231:115 Definitions. 231:162 Confirming Locations. 231:116 Plan. 231:163 Changes. 231:117 Construction and Operation. 231:164 Return and Record. 231:118 Eminent Domain. 231:165 Services and Fees. 231:119 Borrowing Power. 231:166 Petition to Court.. 231:120 Levying Assessments for Public 231:167 Damages. Parking Facilities. 231:168 Interference with Travel. 231:121 Basis of Assessment. 231:169 Joint Licenses. 231:122 Assessment for Operating Expenses. 231:170 Transfer of License. 231:123 Special Account. 231:171 Renewal and Replacement. 231:124 Lien for Assessment or Rentals. 231:172 Cutting Trees. 231:125 Collection of Assessments. 231:173 Unlicensed. 231:126 Abatement of Assessments. 231:174 No Prescriptive Right. 231:127 Petition to Court. 231:175 To Indemnify Town. 231:128 Correction of Assessment-, 231:176 To Party Injured. 231:129 Optional Referendum: Two-thirds 231:177 Removal of Wires and Poles by Vow of Legislative Body. the State or Town After Notice. 23 1: 178 Service of Notice. Parking Meters 931:179 Notice: Contents. Record. 23 1: 130 Power to Install. @31:180 Defining Location. 231:131 Revenue. 231:181 Time of Removal. 23I:M12 Exeter Police Commission. 231:182 Temporary Removal. Street Nameq and Nlarkers Use of Highways by Aqueduct and Gas 221:13" Names; Changes: Signs, Companies 931:134 Curnerg and Angles. .231:183 Applicability of Subdivision. 2-3 231: 184 Excavation in Highway. 231:188 -Procedure. 231:1S5 Restoring Highway. 231:189 Malicious Injury to Aqueducts or 231:186 Liability for Damages. Pipes; Penalty. 231:187 Petition for Easement. CRoss REFERENCES Acquisition of land for highway purposes. see RSA 228:31. Advisory supervision of highway agents. see RSA 228:47-49, Application for state bridge aid, etc., see RSA 2:34:5 et seq. Bridge inspections. see RSA 234:21 et seq. Bridge regulations. see RSA 234:32 etseq. Classification of highways, see RSA 229:5. Classification of roads to recreational areas. see RSA 233:2. Commissioner may regulate use of class 1. 11, and III highways in certain towns and cities under specified conditions. see RSA 236:1. Construction and reconstruction limitation. see RSA 230:6. Discontinuance. reversion to town. see RSA 230:55 et seq. Dutv to maintain certain bridges on class 11 highways. see RSA 234:1. Eminent domain procedure. see RSA 498-A. Erection of markers, monuments. etc.. see RSA 236:40 et seq. Erection of snow fences. see RSA 236:64 et sea. Highway engineers as consultants. see RSA 228:45. Highway or bridzc workmen to be town empioyees, see RSA 235:38. Highways defined. see RSA 229: 1. Interstate bridges. see RSA 234:13. Lay out of roads to public waters. see RSA 230:63 et seq. Lights along higriways. see RSA 236:55. Local highway safety programs. see RSA 238:6. Location of hospital directional signs, see RSA 228,38. Maintenance of class V road to recreational area, see RSA 233:10. Motor vehicle junk yards and other junk yards. see RSA 236:111 et seq. Obstructions and encroachments, see RSA 236:15-24. Penalty for covering fire hydrant. see RSA 236:21. Permit for excavations and driveways. see RSA 236:9. Powers granted to planning boards for permits. etc.. see RSA 236:13, V. Powers of commissioner, see RSA 228:21. Privately owned water supplies, see RSA 228:34. Procedure for removal of encroachments on highways and liability for damage or injury, see RSA 236:32 et seq. Rehabilitation of covered bridges. see RSA 234:26 et seq. Relocation assistance. see RSA 230:33 et seq. Relocation of underground facilities, see RSA 228:22. Removal of obstructions from highways, see RSA 236:29. Roads in 2 or more towns. see RSA 232:18. School bus shelters. see RSA 236:87. Special limited access highways to be laid out in accordance with this chapter, see RSA 231:55. State histhwav aid for construction of class 11 highways. see RSA 235:10 et seq. State highway aid for construction. reconstruction and maintenance of class IV and V highways, see RSA 235:22 et seq. State planning aid and inspection service, see RSA 228:46. Town or city conveyance to state for highway construction. see RSA 230:5. Use of highway funds, see RSA 228:27. 2-4 Laying Out Highways 231:1 Ciass IV, V and VI. All class IV highways not financed in whole or in part with federal aid highway funds, and class V and VI highways shall be laid out bN the mayor and aldermen of the citN. the selectmen of the town or the commissioners of a village district formed for the purpose of RSA 52:1, l(m) in which such highways are located, or by the superior court as hereinafter provided. In the case of a village district formed for the purpose of RSA 52:1. 1(m), references in this title to "town" and "selectmen" shall be deemed to be references to "village district" and "village district commissioners". respectiveh. 231:3 Class V Town Roads. All class V highways shall be construct- ed, reconstructed and maintained by the city or town in which they are located; provided. however. that town road aid mav be used for such purposes, and town bridge aid may be used for the construction or reconstruction of any bridge thereon, as hereinafter provided. 231:6 Highways to Public Waters. Highways to public waters. when not a part of the primary Or secondary highway system, may be laid out as class V highways by the mayor and aldermen of the city or the selectmen of the town in which such highways are located, or may be laid out as hereinafter provided by a commission appointed by the governor and council. 231:8 Petition. Selectmen of a town, upon petition, may lay out any new class IV highway not financed in whole or in part with federal aid highway funds, and class V or 'VI highway or alter any such existing highway within their town for which there shall be occasion. 231:9 Notice. Unless the selectmen are clearly of opinion that such petition ought not to be granted they shall cause notice in writing of the time and place of hearing appointed by them to be given at least 14 days previous to hearing to the first petitioner and to each owner of land over which such highway may pass. 231:11 Hearing. At the time and place so appointed the selectmen shall make a personal examination of the several routes proposed, and of the highways for which such new highway is designed to be a substitute, shall hear all parties interested who may attend and any evidence they may offer, and may adjourn as they see cause. 231:15 Assessment of Damages. The selectmen shall assess the damages sustained by each owner of land or other property taken for such highway. 231:17 Payment or Tender of Damazes. No I and or other propertN, taken for a highway or alteration shall be appropriated or used for making the same until the damages assessed therefor are paid or tendered to the o-,vner or his gt@ardian or conservator. 2-5 231:21 Gates and Bars. Any highway may be laid out subject to gates and bars across the same. In such case it shall be determined. and the return of the selectmen shall state. by whom the gates and bars shall be maintained. Whenever the public good requires it they may be removed and further damages assessed. upon like proceedings as in the laying out of highways. 231:34 Appeal. Any person aggrieved by the decision of selectmen in the laying out or altering of a highway, or in the assessment of damages therefor, may appeal therefrom to the superior court for the county in which such land or other property is situate by petition within 60 days after the filing of the return with the town clerk for recording and not thereafter. 231:43 Power to Discontinue. Any class IV, V or VI highway, or any portion thereof. in a town may be discontinued by vote of a town; provided, however, that any highway to public waters, or portion of such highway, laid out by a commission appointed by the governor and council. shall hot be discontinued except with the consent of the governor and council and provided further that no owner of land shall, without his written consent. be deprived of access over such highway, at his own risk. 231:51 Dedicated Ways. Any street, lane or alley within this state Which has been dedicated to public use by being drawn or shown upon a plan of lands platted by-the owner, and the sale of lots in accordance with such plan, shall be released and discharged from all public servitude unless such street, lane or alley shall be opened, built or used for public travel within 20 years from such dedication. ANNOTATIONS UNDERFoRTMERRSA 238:7 Constitutional law. I Private development, 3 Evidence of use, 2 1. Constitutional law purchased lots in sevPral blocks of a sub- The provision was not unconstitutional as , division. including all the land designated as an unreasonable exercise of legislative power. Proposed streets. trial court correctiv ruled Hodge v. Manchester 11920) 79 NH 437, 111 that defendant had right to develop . access A 385. road from end-to-end for his and others' use 2. Evidence of use for purpose of going to and from his propertv. since Such result did not circurn- Where evidence of public use was indefinite . . %ent intent of the provision in establishing and at the most suggested an occasional use, time limits for city's acceptance of offers of it was insufficient to show public acceptance street dedication. but rather, recited the tVpe of the street. Young v. Prendiville (1972) 112 of use which was reasonable for defendant's NH 190. 291 A2d 602. easement. Duchesnave %-. Silva (1978) 118 3. Private development NH 728.394 A2d 59. Where defendant in quiet title action had 9-31:52 Release by Town. The mayor and aldermen of a citv or the selectmen of a town may release and discharge any way dedicated as aforesaid from all public servitude at any time after such dedication. upon petition by any interested party and notice and hearing thereon. whenever In their opinion such wav will not be needed for the accommodation of public travel. All proceedings shall be conducted ]In the manner provided for the laying out of highways, and any interested party may appeal to the superior court from the decision. as In the case of petitions for laying out highways. ATTACHMENT 3 z E 1805 Map of Rye Point ,4 A2-7 r611dAdt lilt 014 Ila C. e, Or7-HE LA CA Iky ]K n "le ;mp 41@e at 10 v6p Ra dx b an 172A -j CO v -,., %P 40 tor .173 k' 'Z- 46@ 4,03 .40 II -"I ATTACHME' T 4 1851 Map 'of Rye Note absence of buildings and roads on coast. @, Kli- ts 4k k I RYE, F -9 A'15 - It --Y1 4 '@k rn 414 Af 1115 @&4' E -4- zt qv@ N@ IV A-I 48" ATTACIUMIET'i-i 1857 Map of Rye -0c, 4 uO Pr 'Of J4, 4; 4L k sz/ jj 7" id ------------ Irv N -%N j 1; 001, Irv, cl, ATTACHMENT 6 1011 .1892 Map of Rye NE@ Pi Odic w7m '@K r..j Odiarrie "W V'EjSr"VeX I GOSS I'm ri a 71. v 71, (;rn,er SH.o $%to -4@ r Q to %v of ..'YP W"f @w SANDS the' JP 0 rr 0 j U.'Od"a v S C R 1@ smpcAcndt L Hol ... PsO 0. SOR 471'1 1. V O'."t W ECK 0 W. h'. I @" , Arps 4F vo, '@ 't a a -k4 j FL@k SS 0 no to 6oss. I CA J vv, A@ too, a rjj ])rake iss,BEACH 4:11 ca e, 01 ".j. 1. @ "4t j6jew'FA-v it !'I Via,, erri jN1 JAN Pit. 4 -cC arl""pd A,rk to ja rf"nd It-,.Ac-, "v.1 W 41"0 555;- OW it jf B wieq.9 rsBarria)"(L c)es N" r. ;-neAv. il, @rA C H -b Inn 0 t' epe. r v", FC NY# p r Y.r xrl-u 'K m 77@ Ni lu!pc j A .T , 21 ..... W;W_ ;77. 7 z@ Cz, TCY mp. 0 ATTAC@TMENT 8 1938 Map of Rve TZ a.... t lm- 7"'D 1-,,, t. NA 0 IA kI 41 4 @11 VO 'Isk. T -7 01" --------------- 4:1 Attachment 9 TOWN MEETING ACTION ON ROADS YEAR STREET OUTCOME 1921 To see If the Town will vote to build a highway Approved from the Intersection of Cable Road and Central Road southerly across the land of Shirley PhilbriclK, Brown and Rye Beach Realty Company to the Perkins Road, so called, opposite the cottages of James H. Perkins and Goodwin Perkins and to see what sum of money the Town will vote to rai.se and appropriate for the building of said road agreeable to a petition. 1956 On petition of Doris M. Moody and thirty three Accepted others, to see if the Town of Rye, New Hampshire, will vote to accept a deed from Sherman P. and Catherine E. Moody, conveying to the Town the street called Mountain View Terrace, as shown on two certain plans of land entitled, "Subdivision of Mountain View Terrace, Rye, New Hampshire, dated August 18, 1954t Charles H. Morse and son, C.E.," and plan of land entitled, "Proposed Subdivision of Land Owned by Sherman P. Moody, Rye, New Hampshire, dated June, 1946, John E. LaSuer, Surveyor," both recorded in Rockingham County Register of Deeds. 1956 On petition of Leon H. Valley and twenty others Approved to see if the Town will vote to change the names of Grove Street, a town road running from Cable Road in a southeasterly direction to Perkins Road, and Grove Avenue, a town road running in a northeasterly direction from its intersection with Cable Road, the present Grove Street to be renamed Big Rock Road, and the present Grove Avenue to be renamed Surf Lane. 1957 On petition of Bernard A. Barteau and eleven (11) Accepted legal voters of the Town of Rye, New Hampshire, to see If the Town will vote to accept a street known as Bernard Drive, running from Perkins Road to Richard Road, a distance of 346 feet, being a part of a plan of Rye Beach Terrace as accepted by the Town of Rye Planning Board. 9-2 YEAR STREET OUTC CM-r 1957 On petition of William H. Banks and ten others, Accepted to see if the Town of Rye, New Hampshire, will vote to accept a deed from Laurence A. and Louis J. Tosi, conveying to the town, the streets called @airview Avenue and Maple D@-'- nA Laurence Lane as shown on a certain plan of land entitled, "Plan of Lots, Rye Beach, New Hampshire, for Laurence Tosi, dated December 1954, revised January 1956, John W. Durgin, Civil Engineers," which said plan has been duly registered in Rockingham County Registry of Deeds. 1957 On petition of Herbert M. Garratt and fourteen Approved others, to see if the Town will vote that the public way beginning at its Intersection with Washington Road and ending at its intersection with Mountain View Terrace, and known as Town Way be given the name Blueberry Lane. 1957 On petition of Mildred P. May and thirteen others, Referred to see if the Town of Rye, New Hampshire, will to Planning vote to accept Odiorne Drive as a public street, Board Odiorne Drive extending southerly from Wallis Road. 1962 On petition of Edward L. Greene and 11 others: Accepted To see if the Town will vote to accept a deed of a way known as Baker Avenue running from Big Rock Road to Ocean Boulevard, for use as-a public highway. 1962 On petition of Elizabeth W. Van Wert and 13 others: Accepted To see if the Town of Rye, New Hampshire, will vote to accept Meadow Lane as a public street: Meadow Lane extending westerly from Central Road opposite the Central Cemetery. 1962 On petition of Mildred V. Wilson and 10 others: Accepted To see if the Town will vote to accept Olde Parish Road, a street running northerly from Washington Road to a turnaround at the Old Parsonage, so called, a distance of 1025.82 feet. 1962 On petition of John E. Carberry and 14 others: Approved To see If the Town will vote to authorize the Selectmen to change the name of the road running east to Straw's Point from north and south of Ocean Boulevard in the Jenness Beach Precinct, the northerly access now named Locke Road, the southerly access, Cable, now assigned the name Faraday, the road to be hereafter known as Old Beach Road. 9_1 YEAR STREET OUTC CME 1965 On petition of Helen S. Shaw and eleven others, lab-led to see if the Town of Rye, New Hampshire Kill vote to accept Appledore Avenue as a public highway and to raise and appropriate the sum of 900.001 n1ara Qnirl twelve hundred dollars ($1, ---- ---- road in acceptable condition. 1965 On petition of Joseph 0. Varrell and nine others: Accepted to see If the Town will vote to accept the street known as Harborview Drive, so called, off and intersecting at two places with Wentworth Road in the town of Rye, together with certain drainage easements and drainage lines draining said Harborview Drive and for such purposes to accept a Warranty Deed from Seybolt Realty Corporation to the Town of Rye, dated December 29, 1964, conveying said Harborview Drive, drainage ease- ments and drainage lines to the Town of Rye. 1969 On petition of Gerald F. Giles, Attorney for Accepted Channing H. Green and Ruth E. Green and 10 others: to see if the Town will vote to accept the following street: A certain street running westerly from Brackett Road to land now or formerly of Millie E. Odiorne, a distance of four hundred ninety (490) feet, more or less. 1969 On petition of Norman E. Lord and 11 others: Accepted to see If the Town will vote to accept the following streets: Oral Lane, so called, running Easterly from Sagamore Avenue one hundred and eight (180) feet, more or less, to Foyes Road, so called; Foyes Road, so called, Southeasterly from Oral Lane three hundred fifty (350) feet, more or less, to Frontier Street, so called, and Frontier Street, so called, running Easterly from Foyes Road four hundred eighty (480) feet, more or less, to land now or formerly of Peter Rabbit Nursery School, Incorporated. 1970 On petition of Harold B. Tucker and 15 others: Accepted To see if the Town will vote to accept the street at Acorn Acres,, to be known as Acorn Avenue. 9-4 YEAR STREET OUTCOME 1970 At the request of Margaret T. Smith, to see if Relocated, the Town will vote to discontinue the highway, but not If any, believed to have been called Ferry Road discon- extending or leading from a point on Pioneer tinued Road near the Wright Farm barn Northeasterly as to its Northerly terminus on Wentworth Road requested at the Northeasterly end of the Wentworth Fairways Golf Course. Amended to read: "to relocate that portion of the Ferry Road, so called, from where it crosses the land of the Hampton Country Day School,, Incorporated, to a new location which shall be as follows: Beginning at the north- easterly end of the present road at land of Cavaretta Realty Company, Incorporated, in a street called Forest Lane and thence running northwesterly along said Forest Lane as presently laid out to Frontier Street; thence continuing northwesterly across Frontier Street in a northwesterly extension of said Forest Lane across land of the Hampton Country Day School, Incorporated, along a center'line 20 feet easterly of land of Cavaretta Realty Company, Incorporated, in part and in part of land of Edwin and Mary Littlefield; and thence turning and running northeasterly along a line lying 20 feet southeasterly of a stone wall abutting land of the John J. Scammon estate and In part by land of the Mark @*ntworth Home to the southerly end of the present Ferry Road at the land of Wentworth Fairways, Incorporated, with said relocation to be more particularly described In a recent survey made by John W. Durgin, Civil Engineers, in March, 1970. 1971 On petition of Russell E. Phelan and 13 others: Accepted To see if the Town will vote to accept the deed to the following roads: McLaughlin Drive, Foster Lane, and Maple Avenue, as shown by subdivision plan Number 5114F, File Number 80. A revised section of Myrica-by-the-Sea, recorded in Rockingham County Register of Deeds. These roads to be used as public highways. 9-5 YEAR STREET OUTCOME 1973 On petition oll Maynard L. Young and 18 others: Approved To see if the Tow@ will vote to acquire as amended A Street as identified on the Town of Rye assessors map, dated 1964, and other plans filed in Rockingham County Reoister of Deeds, said street to be used for the purpose of providing access to the beaches along said street. This street to become right of way onl'y under class 6 (Recreational Usage) that require no maintenance and to raise and appropriate the sum of $200.00 (two hundred dollars) to cover necessary costs to enable the Selectmen to begin acquisition procedures upon passage of this article. Identical Warrant Articles also submitted for Approved B, C, D, E, and F, Streets. as amended 1974 On petition of Donald J. Philbrick and 12 others: Accepted To see if the Town will vote to accept as a public highway, the road named Stonewall Lane. 1974 On petition of Elizabeth R. Burke and sixteen Accepted others, to see if the Town will vote-to authorize the Selectmen, with approval of the Highway Agent, to accept Fairway Drive as a Town road upon its completion on or before July 1, 1974 and to secure said completion to authorize the Selectmen to accept a performance bond to insure completion in accordance with the subdivision specifications as approved by the Rye Planning Board. 1977 On petition of Richard P. Hamlin and 11 others, to Accepted see if the Town will vote to accept Pine Street extension in Lawrence Woods in Rye. The road has been completed in accordance with Lawrence Woods subdivision plans approved by the Rye Planning Board and to the satisfaction of the Rye Highway Agent. 1977 On petition of Arthur W. Sandstrom and 10 others, Accepted to see if the Town will vote to accept Colbourn Road, located southerly of Washington Road, and described in the attached Warranty Deed. 1979 To see if the Town will vote to authorize the Accepted Selectmen to accept a road known as LaMer Drive upon -the recommendation of the Highway Agent and and to accept a proper deed for the road from the owner, Michael Cavaretta. The said road is part of a subdivision on Washington Road, approved by the Rye Planning Board on October 14, 1975. 9-b YEAR S T 'f I LE !L T. OUTCOME 1979 On petition of Lena B. Dunton and 10 others, to Accepted see ill the Town will vote to accept as a town road a certain road known as Burnette Drive located on the southerly side of Washington Road as shown on a certain subdivision plan entitled "The Smart Estates," prepared by John W. Durgin, Civil Engineers Professional Association, dated July 1976, revised February 1977, approved by the Rye Planning Board on February 8, 1977 and recorded in Rockingham County @egistry of Deeds, Plan No. D-6620. 1979 To see if the Town will vote to authorize the Accepted Selectmen to accept a road known as Tehias Road upon recommendation of the Highway Agent and to accept a proper deed from the owner, Tucker-Shanley, Incorporated. The said road is part of a subdivision known as Tahlton Kbods, approved by the Rye Planning Board on August 20, 1974. 1979 To see if the Town will vote to authorize the Accepted Selectmen to accept a road known as Patriots Way and part of a road known as Liberty Common Road from Wallis Road to and inclusive of Station 10 & 0 upon the recommendation of the Highway Agent and to accept a proper deed for these roads from the owner, David J. Chase. The said roads are shown on a subdivision plan approved by the Rye Planning Board on February 11, 1977. 1980 To see if the Town will vote to authorize the Not Selectmen to accept a road known as Bond Road Accepted upon recommendation of the Highway Agent and to accept a proper deed for the road from the owner, Marie Doyle. The road is situated off Church Road and is part of a subdivision plan approved by the Rye Beach Precinct Planning Board. 1980 On petition of Peter R. Geremia and 12 other Approved registered voters to see if the Town will vote to name the presently unnamed road bordering on the southerly side of the property owned by Peter R. and Frances E. Geremia "Geremia Road.'l The road starts at the junction of Brackett Road and the southerly boundary of the Geremia property and runs westerly ending in a turn around. 9-7 YEAR STREEI OUTCOME 1979 On petition of Lena B. Dunton and 10 others, to Accepted see 4011' the Town will vote to accept as a town road a certain road known as Burnette Drive located on the southerly side of Washington Road as qKnwn nn a certain subdivlsi-on plan entitled "The Smart Estates." DreDared bv John W. Durgin, Civil Engineers Professional Association, dated July 1976, revised February 1977, approved by the Rye Planning Board on February 8, 1977 and recorded in Rockingham County Registry of Deeds, Plan No. D-6620. 1979 To see if the Town will vote to authorize the Accepted Selectmen to accept a road known as Tehias Road upon recommendation of the Highway Agent and to accept a proper deed from the owner, Tucker-Shanley, Incorporated. The said road is part of a subdivision known as Tahlton Woods, approved by the Rye Planning Board on August 20, 1974. 1979 To see if the Town will vote to authorize the Accepted Selectmen to accept a road known as Patriots Way and part of a road known as Liberty Common Road from Wallis Road to and inclusive of Station 10 + 0 upon the recommendation of the Highway Agent and to accept a proper deed for these roads from the owner, David J. Chase. The said roads are shown on a subdivision plan approved by the Rye Planning Board on February 11, 1977. 1980 To see if the Town will vote to authorize the Not Selectmen to accept a road known as Bond Road Accepted upon recommendation of the Highway Agent and to accept a proper deed for the road from the owner, Marie Doyle. The road is situated off Church Road and is part of a subdivision plan approved by the Rye Beach Precinct Planning Board. 1980 On petition of Peter R. Geremia and 12 other Approved registered voters to see if the Town will vote to name the presently unnamed road bordering on the southerly side of the property owned by Peter R. and Frances E. Geremia "Geremia Road." The road starts at the junction of Brackett Road and the southerly boundary of the Geremia property and runs westerly ending in a turn around. 9-8 OUTCOME Yt 'A' T RF 1982 On petition of Hazel L. Ham and eleven others, Accepted to see if the Town will vote to accept Ham Lane I LI in Rye. The road has been completed in accordance with Hazel L. Ham subdivision plans annrnvAd hy thp Pvp Planninn Rnnv-A AnH tn tha Satisfaction of the Rye Highway Agent. 1982 To see if the Town Hill vote to accept as a Accepted public road a certain portion of the Liberty Common roadway shown on a plan entitled, "Subdivision Plan, David J. Chase, Wallis Road, Rye, New Hampshire," recorded at the Rockingham Registry as plan #D-6652. The said portion to be accepted services lots #25, 26, 27, 28, 29, 30, 31, 32, 33, 34, and 55*as shown on the said plan. This acceptance is conditioned upon the final approval of the roadway by the Town's road agent. This acceptance will complete the entire Liberty Common roadway as a public road, the remaining portion having been previously accepted by the Town. Attachment 10 CAL __13'UW_ __'-T-' OF TCW4 KEETING ACTION ON ROADS Year Road Town Action 1950 Huntervale Avenue Accepted 1955 Bernard Drive Tabled 1956 Surf Lane Named 1956 Big Rock Road Named 1956 Concord Point Discontinued 1956 Mountain View Terrace Accepted 1957 Remainder of Mountain View Terrace Construction approval 1957 Richard Road Accepted 1957 Bernard Drive Accepted 1957 Odiorne Drive Referred to Plng.Bd. 1957 Blueberry lane Named 1957 Laurence Lane Accepted 1957 Maple Drive Accepted 1957 Fairview Avenue (later renamed "Willowbrook") Accepted 1962 Old Beach Road Named 1962 Old Parish Road Accepted 1962 Meadow Lane Accepted 1962 Baker Avenue Accepted 1963 Gray Court Accepted 1965 Harborview Drive Accepted 1965 Appledore Avenue Tabled 1967 Old Locke Road Named 1967 Oral, Foyes, and Frontier Tabled 1969 Geremia Street (unnamed at the time) Accepted 1969 Oral, Foyes, and Frontier Accepted 1970 Alphabet Streets (accept deed) Not accepted 134-113 1970 Acorn Avenue Accepted 1970 McLaughlin Drive, Foster Lane Maple Ave. Tabled 1970 Old Ferry Road Relocated, but not Discontinued as requested 1971 McLauqhlin Dr., ., Foster Ln., & Maple Ave. Accepted 1971 Alphabet Streets (eminent domain) Ruled illegal 1972 Alphabet Streets (acquisition) Tabled 109-76 Attachment 11 ALPHABETICAL SUMMARY OF TOWN MEETING ACTION ON ROADS Year Road Town Action 1970 Acorn Avenue Accepted 1976 Ahleson Street Accepted 1970 Alphabet Streets (accept deed) Not accepted 134-113 1971 Alphabet Streets (eminent domain) Ruled illeaal 1972 Alphabet Streets (acquisition) Tabled 109-76 1973 Alphabet Streets (acquisition) (6 Articles) Approved 1965 Appledore Avenue Tabled 1962 Baker Avenue Accepted 1955 Bernard Drive Tabled 1957 Bernard Drive Accepted 1956 Big Rock Road Named 1980 Birchwood Drive Accepted 1957 Blueberry lane Named 1979 Bond Road Tabled 1980 Bond Road Not accepted 1979 Burnette Drive Accepted 1977 Colburn Road Accepted 1956 Concord Point Discontinued 1980 Constitution Circle Accepted 1957 Fairview Avenue (later renamed "Willowbrook") Accepted 1974 Fairway Drive Accepted 1970 Foster Lane Tabled 1971 Foster Lane Accepted 1967 Foves Road Tabled 1969 Foves Road Accepted 1967 Frontier Street Tabled 1969 Frontier Street Accepted 1969 Geremia Street (unnamed at the time) Accepted inr%o :10 Geremia Street Named 1963 Gray Court Accepted 19821 Ham Lane Accepted 1965 Harborview Drive Accepted 1950 Huntervale Avenue Accepted 1979 LaVer Drive Accepted 11-2 Summary of Town Meeting Action. continued Year Road Town Action 1957 Laurence Lane Accepted 1979 Liberty Common to Station 10 + 0 Accepted 1980 Liberty Common from Station 10 + 0 Accepted 1982 Llberty Lommon (.remainder) Accepted 1970 Maple Avenue Tabled 1971 Maple Avenue Accepted 1957 Maple Drive Accepted 1970 McLaughlin Drive Tabled 1971 McLaughlin Drive Accepted 1962 Meadow Lane Accepted 1956 Mountain View Terrace Accepted 1957 Mountain View Terrace (remainder) Construction approval 1957 Odiorne Drive Referred to Plnq.B 1962 Old Beach Road Named 1970 Old Ferrv Road Relocated, but not discontinued as requested 1967 Old Locke Road Named 1962 Old Parish Road Accepted 1967 Oral Lane Tabled 1969 Oral Lane Accepted 1979 Patriots Way Accepted 1977 Pinestreet extension Accepted 1984 Rands Spring Accepted 1957 Richard Road Accepted 1974 Stonewall Lane Accepted 1956 Surf Lane Named 1979 Tehias Road Accepted Attachment 12 LAND AND EASEMENTS GIVEN TO THE TOWN (Compiled by Max Friedman) DATE Land and Easements March 17. 1959 Land between Locke Road. deeded to Town bv State. July 30, 1949 Land on south side of Central Road. July 5, 1978 71.4 acres from Dorothy Tucker, on Ocean Boulevard. November 25, 1980 Easement, Burnette Drive. December 18, 1974 Easement, Grove and Central Road. October 16, 1957 Ingress and egress to cemetery from Rye Harbor Road. September 11, 1977 Easement in Acorn Acres. August 18, 1977 Easement southeasterly side of Wallis Road. November 2, 1974 Easement, Cable Road. November 30, 1966 Easement, westerly side of Sagamore Road. October 10, 1979 Easement northeasterly side of Grove Road and northwest- erly side of Fern Avenue. May 31, 1978 Birchwood Drive. January 8, 1978 Easement, Alehson Street. August 20, 1975 Ten acres at 190 Brackett Road and the Gladys Sewall property. August 8, 1973 Westerly side of Sagamore Road. February 5, 1964 Junction of Rye Harbor Road. June 26, 1968 Highland Park Avenue. August 20, 1975 Wallis Road. July.. 1973 E Street. August 31, 1971 Appledore Avenue Lot Number 34. June 29, 1967 Lot 10 in Hiqhland Park. June 28, 1968 Land and buildings, 165 West Road. February 29, 1980 Southerly side of Elwyn Road. July 5, 1978 Lot 5 of Philbrick Land. November 18, 1980 EasemeAt. Wallis Road property of David J. Chase. ATTACHMENT 13 Enlargement of 1909 plan of Sylvester Odiorne F A T YYA L I- 1 45 3ANDS F@YF-, N. H VF-5 7-F- FT' OD civ ATTACHMENT 14 Johnson to Cole (2170/329) BK2170 PG329 WARRANTY DEED No. David K. Johnson, of 14 Heads Street, in Nashua, in the county of Hillsborough and State of New Hampshire, Janet Johnnson Patterson of 1794 Jackson Road in Penfield. in the County of Monroe and State of Now York, and Duane H. Johnson, of 27 Felch Road, in Natick, in the county of Middlesex and Commonwealth of Massachusetts, for consideration paid, grant unto Harlow W. Colo and Rita F. Cole, husband and wife, both Of 10 Hillsboro Lane',' in Avon, the, County of Hartford and State of Connecticut, as joint tenants with rights of survivorship, with WARRANTY COVENANTS: A certain lot or parcal of land, with the buildings thereon, sicuate on Ocean Boulevard (and known as #1260 and 1262 Ocean Boulevard, at Wallis Sands, in Rye, in the County of Rockingham, and said State of New Hampshire, being Lot #1, on a Plan of Lots at said Wallis Sands drawn, by - William A. Grover, C. E., dated August, 1909, and recorded in said Rockingham County Registry of Deeds in Book of Plans 1, page 10, bounded and described as follows: 1) Bounded Northerly by land formerly of E. P. Campbell and of Williiam F. Thayer, two hundred thirty-one and 68/100 (231.68) feet, more or less; 2) Bounded Easterly by the Atlantic Ocean fifty (50) feet; 3) Bounded Southerly by Lot #2 on said plan two hundred thirty-one and 1/10 (231.1) feet, more or less; and 4) Bounded Westerly by New Hampshire State Boulevard fifty-four (54) feet, more or less. Title to said premises was conveyed to Hazel P. Johnson by Gertrude Stone and Vivia Stone by deed dated October 28, 1939 and recorded in said Registry of Deeds in Volume 961 at Page 360. derive our title to said promises as the sole residuary legatees and devisees u/w of said Hazel P. Johnson, who died testate on May 25, 1968 (see Rockingham County Probate Court Docket #48611). CY0 c5 c ATTACMIENT 15 Enlargement of 1901 J. Evere Odiorne plan /0 1, ck Lp 4F6 zz go, 7. Cho CJ 0 50 49 PLAN OF B EAG"' H LAND BtL*weiwp 6 J. E.vcr&tt 04-orewa,-R 'z ATTACHMENT 16 now- 4/354) In, t (58 J.E. Odiorne to Kimball For and in eow%iduation of Ihe slim of &%,L and before tile delivery bereo@ well and trilly paid by to ill h. 0 A.ZA_ LAA- A@MxArVOL, a.,x @' af .11-gained and sold, and by these ed the ivecipt whet T'11. lreb@ -knowledge, have grailted, b. vrescittLk d.@ioy, grant, hargaim. rA,11, COlI%_Q' Skild r(mPrin mito the, said heirs; aml assigns forever, L;@;Lx r)@ a.La"L@ 'L'C I-J. CI Uj- LP NIIIM@ :^"-L r t , r4- Jv rr, Z"J,, kw r 01 R*4' A". W_Yk.c r4 kk,10, CLI. zlu@ A,,- L'LL LaAA4- A.,w I 400 ft@ a@,@ c4.-@ l-' xI L A"-C; a@@ ktLI ZL x"t.'L F7 r UA@ & 7111@ L #A. t)-. I I Mt -1 *@A@ M f I. - _'_@ P -1@ -`3,0@ '@@ r4 0 4. go hnot atid to hold the Snid gTImtklTrvmi,,%us. with all the priviltVes aud al)ptirtenattecs to the to ttat4- and bel@@ - tliv . A.) I he'll-S fl)14 assigils' to Lla_41 and their only proper tise and benefit forever. And. tile "id nild N%A'" livirs, excetitors; am' adinials. trators.' do hereliv vov(,nulit' ",=d ngree, to and with the said ah'm an@ [email protected] heirs and a-."ignn, that tint it the delivery heik-of @" 06AA-%- tho lawful owiler of the said preiniscit, and scized mid possebewd hereof ill A" own right iii rve gimple; and have full power and lawrol authority it) grant asid convey the outine ill ninime4tiroresaid; that tile t4aid preintsus are frtv and clear frviu sill ond every intninilki-nnee whati,0ever; aiiii, that 14 3%K4 atid @A'A)n heirs, exceutors aud administrators. sbull ani! wiR wart-unt and derend the sarne to tile suid @31-v'"ai aivdtt@-heirx iWd assigiis, uga;nst (tic lawrtil clainis mid tlenian4 of any in-r6on or Ix-Lsons whomi63cver. And 1, 6u&. Wil'o of the rinid. L44.4XL k in coiWderation afureiniti. (11) hervhy ivittifitiish niy right of dower ill lly,@ bt-fure-wentiotied preiiii0s. And we and efteb of us'lo ben-I'V rvleae. disthavip and wulve all such rigbta of exonklAion from atizelivattit ftud li@vr or able ou txe'cut", and surh otlwr rigisto wkat@ocvvr in said pm-mises, and in each and every loart thereof. as our Family Ilowasivad, as are reorn,cd or woved to us, or oowr of us, k,r the Statute of the, Male of New Itarapshim-, lmsm4l July 4, lOW, entitled --on Aet to txi=l%t the Uoturueml v( Failvibra frow altut-litactil, and levy or oa@v or or ijy lwy ather statatis or S&atutro Sr oakl State. 3 JAjjv Jim in cas whereof, hare herrunto "t @7@ Aand 9 and ftal 7_2 In^ ATTACHMENT 17 Sulloway & Kimball to Dedes (831/162) _.CLLO .afA@@ of.) TEI) -LIT -PCA@. cu%.A@ Ph"ac. do @q kL I eAx &LAD 3,-,LW JJIA-.-L;a;-rO af-Qr,, -h4A4X J04A LA Cl C V., OR 0 ctm e -P 'Ar ) ATTACHMENT 18 FORM 404 N.H. QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS. That Margaret E. Margaret Michaud to Norman Portsmouth, County of Rockingham and State of New Hampshire Michaud (2300/1990) for consideration said, gree to Norman a Michaud of 1237 Ocean boulevard, Rye, County of Rockingham and State of New Hampshire with Comments A certain tract of land with the buildings thereon situate on Ocean Boulevard, Rye, County of Rockinghma and State of New Hampshire and lying nearly West of Lot No. 4 on Plan of Beach Land of J. Everett Odlorne of Rye, New Hampshire, surveyed by E. B. Philbrick, May 27, 1901 with a sixteen foot passway between bounded as Beginning at the Northwest corner of the herein described lot and running Easterly by land of John S. Young one hundred thirty four feet to said passway; thence turning and running Southerly by said passway fifty feet to land of said J. Everett Odlorne; thence turning and running westerly by land of said Odlorne one hundred twenty six feet to the highway; thence turning and running Northerly by said highway fifty feet to the place of beginning. Said described lot is known and designated on said plan above mentioned as lot No. 8 Being the same promises conveyed to Norman A Michaud and Margaret E. Michaud by deed of Helen D. Michaud dated August 25, 1970, and recorded in Rockingham County Registry of Deeds at Book 2036, Page 220. Helen D. Michaud died at Portsmouth, New Hampshire on November 23, 1977. Included in the above coneyance is the right to use the common passways, as set forth on the plan above referred to and is more particularly described in the deed from Margaret T. Sulloway et al to Arthur Dedes dated December 30, 1926 and recorded in Rockingham County Registry of Deeds at Book 831, Page 162, Helen D. Michaud was the sole heir of Arthur Dedes and the grantro and grantee are the sole heirs of Helen D. Michaud. Grantor is unmarried. husband wife of said grantor, release to said grantee all rights of homestead and other interest therein. Witness ny hand and said this 17th day of December 1977 Witness: Gerald Margaret E. Michaud (Site A) TAX MP PARCEL #181 Year Grantor Grantee Vol/Page Description 1881 Trueman Odiorne Sylvestor Odiorne 486/40 Large tract of "sand hills" and "marsh" (Tax Map Parcels 181 through 198) 1912 Sylvester Odiorne Frank Beebe 667/222 Tax Map Parcels #181 and 182 1919 Frank Beebe Frances Stone 734/56 Tax Map Parcels #181 and 182 1923 Frances Stone Gertrude & Vivia Stone 780/15 Tax Map Parcel #181 1939 Gertrude & Vivia Stone Hazel Johnson 961/360 Tax Map Parcel #181 1972 heirs of H. Johnson Harlow & Rita Cole 2170/329 Tax Map Parcel #181 (Site A) TAX ME PARCELS #180-1 AND #180-2 1901 Jonathan Everett Odiorne E.P. Kimball & Tax Map Parcels #180-1 and #180-2 W.F. Thayer 584/354 1926. heirs of Kimball & Thayer Arthur Dedes .831/162 Tax Map Parcels #180-1 & 180-2 1950 Helen Michaud (heir of A. Dedes) Paul & Gladys Little 1162/25 Tax Map Parcel #180-1 1970 Helen Michaud M Fq (heir of A. Dedes) Norman Michaud 2036/220 Tax Map Parcel #180-2 r-3 F- ATTACHMFN'r 20 "131) -"cot APO James Perkins to Mathilda (739/113) TELXT. Kirkegaard iq, OLAAIt Lzk O-p i",) I a,-"f Z,_A _&,-z 411 for and ill cowide=tion of the suni of ft"@ f to AA-jP- iTt haad, before tile delivery herrof well and tnjlv paid I*,p, Vol U/Ix wid sAfl -wiiLs the receipt whereolf)II'L do her(A)v have mi3m graiitod.bargained. aild bv them, prp do gh-e, tgpit., 1):irgaiij, -4-11 JJielL ('11ft-41. COM'P. V :Llk4l Ckll@firin ititto thes:6d I V- fA,. heirs antl :L..@signs forever. p @Z A-_0 L4 @,A_t @A_k Z_LX_-r-_j X_-U _*_-Al I_ C)L, TYI@I@ L, rial,@_@, & f a A, A- LO C en Z .1a Y _Io 0, j d L -A,_, 'VA I-Cl_ A I il- Q. A-" - A JA A (T 21 o-, OL_ A -1 " - ,A-) _Y6 ucJ, @7 J_ _,_LZ,_Q_ Lj, - p U I Q,.,A, C 'V 0 A_Ar-1- _A-A-A. V __J@ Ii NA-L AQe A- ty-I r A- GL f12- @LLJ 4 0_,@t -Qtf _c@ 77---@_ __11 'Aliu- V V -1-C I- I _@', - __ J-1111t @4 ow@@A /-L YJ -A_ I t L11L, _-C/ I I , @@, zo babe AnIll to balb the @aid granyd preinises, with all t )rilgeTi and appurteriatices to the s=e belo4rlg, to ell_, ille Said o,_ C-s- and 411LIV iper xisp -I)el 6,er \j1d Illp m* p, o J11141 1)1@ r. fur( 144il. fore., 14aid XA4111_1" and C-- livirs. exi-oposrs and ;O1111ilkiS- t r., 'c"lW VI-VI-IM111, grAn, @;L 141 agrev, W and willi ill(. ssigus, that unfil the delivery Ittre(if ille lawfiti iwwiier alld ':CA-,L- heirs an(I :L of the. tutid prooisA-4, awfAi eeized und 1)(K-es4wd thereof in ap-A. @- iiwik right and fee shilple ; and have full power aiid lAwful itutliority it grant alid con,l,ey tile saiiie in ii-@aikner atoresaid that the said preniises are fre@o A-t to Wid and clear fron alk Ver 'rattee whatsoever ; and that _k_X_fF_ and e?!W31 ra A s&iitkist,ratois, shall vlid will warrant art(] defend the salite to the said yl@i Cs-#_ 0_1_0 a@ at atid@?- I d aKitiitst tile Low .rm I 11"r., all g fill CIM-114 IpMogtuds of any lw -,it or lx-rsot w7lwA)ev(-r, 2 ml@ -, . .. the gaid, k-- I re."Vi" V. 'hereby Til n con"ki--- Erit of dower ill tile entionod pn-,iniscs. And we and each of tis do hereby rele@ale,di&eharge and waive all such rights of exemption from attachment and levy or sale on executwo and such in ises and to each and every part thereof, as our Family Homestead, as are reserved ot i ut or secured tO US. Of CiLVkF4 6%@_ it JVMthClt&tc of New Hampshire, poisseA july 4. Q54zm6U*4AL4* Aeft to the- 7h-___.. ---A 4ftwn' 'or by any other Statute or Statute% of said State. I _ _j - -..,J - - 1 t:WI.:, -9. /'0 4- t lit /7-4>j - - J, ATIAGHMENT 12i 2EM1010 Mathilda Kirkegaard Lo Rye Beach Realty Co. (739 11 THAT forrind of the suin of L@--e to tofflit in hand, before the delivery hereof well arid truivpaid.by IDA A, - I'thereceilitwheyr4)f do herebvacknow)Alge. have given, granted, bargained and sold, an[by thew presenta 1(-I. tAl 1. sell %lien. enfeoff, convey and confirm unto the said Wipe and assigns forever, /L v It- C. @ @ , @ , @-. -- / i , L) 'r ? jj tjt-"- KI 0 i--'ll k@ Ck 7 Lk 'o @4. A C' IIA 2 -0 jh D L ,JL, PIQ I A k -A ZA fz-t L ,d, fA A j A r7 A-4 )k I-P 'Ci-tA-O A- j.-, Ik act 4, ck'@"q' Ivu ft 1 00" -k Ol It k- Ol 4, .12 fl@t 0 4L k A-t-@_ a Ck 4L, Q 1 /,J. a@j-l (F- QL')A-Q-)J/ Lk-f W L I 1 17 L'4 A 1, Oc A- 4' Zro OaUr anb to bolo the said granted preini.,;es, %vjt@ all the privileges and appurtenances to the same .' ;@ I - I jII #_" 4 /V1 A," Awiollgillr, to k@, - , .61 il I f Luix-av)d igils, to 44- and their only proper useand benefit forever. And f -tb-r ,:Lilt heirs "4ors and adruir@ts- Ill, hvreh)- 1-ovonwit" gralit and 'Wrce' t-owill Wilh the s:iidt t' /&"L.L 1.1:x 4wit%and assigns. that until the delivery heroof the lawful owner 4 Ili[- Maili prvillisi-s' and 01(yvized and ptk-L,;e.,;si4) thereof ill @A( own right and fee simple ; still have full power and lawful wo.horitv t@@ gr And copyry tl - ------ ---Zier aforesaid that the said v remises are free ""; , @- a C and eirs, exqutors and und Ovar from all l wl i @er incumbraiwe iN.;tsoever and that tidininL@tratois, AiAl wid will warrant and defend the same to the said @2' t IL 4 t'@ *,A A-- P44- hrit'. mid kg:tiftst the L, all v).kiln-1 mul delaands of all -11 r3l or per.;07/iv@oTPoever. L- Ck A]ul I A41" ftlde oLthe said r4j. a-,,- C. 'h in vowtideration afora-kiitl, do herebY rvlow'-w-q@ -n-iyl'-ight of 4=n the %=r@.,!ntioned preniis m- 1" Amll e aml each of us do hereby "ClIase, tUselLngel arlt waive all such rights of exemption from attachment and levy or sale on rxv,.-ution And a ts k%.* , ' ' i prerruseli @and to each and every part thereof, as our Family Homestead, as are reserved of 'keeill rd to UVI , W" 11 I= qsutfill-eyl the State of New Hampshire, pis-, 4 jllll@- 4, - sli i@t @,- or 1, any other Statute or Statutes of Baid State. 'in Mltn.da @#,,l? C"@Iqlfjs;c '! -9 .-J. ti 0 1-4 oi, 071 03e 3 01& t .35 -,% I@Ll 04' 3 X7 e CA THE -Ty 13 E A c H C? E A joo A Y 1.912 C 5CALE:- IiNC" W. DURG-vc,vlLF1vr, Po&,rz/-104u'r", FL.AAI r wr ca -t :4 401 42. rA o@ 4-N cn C@j kv -M,40 @7 C11 MA Ir 4,4 J r 7v '.je N@o 'tf @ I - `@;L - .; I . @i '@@ 11 :."..L -Ins. 04' re tj' Ei .I: N' V.4 I E-4 W 0 4- 'A@tn 4 11% cu r-A ICA, kj .0 CC Ao@ 74 C)r V a. 'A 1 1-10 V"l H 9 C.) 4 17 'Lz" F- IN C H L AN 11) 0 i h r'%, 'y y E. 'ITT rij p a c "Phiibrick Land" NN to er 4TA-e! F 70 4a F.... 10 41A 7-77,,- At OF -T*IL 04 $ejo ."Fo sc. f J 7 I" @7- yx cv,-4,10 Ij 47 4es @np /61 zz Z/. zo 49, -JA Ap .43 ell 7 75 e-9 v7 @wf o 44v fe 46 IV 9' 47 rfc, I!k Li ly 71 7 f- t rq, ATTACHMENT 27 Decision of the Superior Court THE STATE OF NEW HAMPSHIRE Young et al. vs. Prendiville ROCKINGHAM, SS SUPERIOR COURT January Term 1971 am EQUITY NO. 2241 MAYNARD L. YOUNG, JR., ET ALS VS. JOHN F. PRENDIVILE, ET ALS Master's Report This is a petition originally brought by some thirty- eight plaintiffs seeking an injunction to restrain the defendants from barring the plaintiffs access to Rye Beach through an area which in this report will be referred to as "C" Street. "C" Street extends eastward from Ocean Boulevard to the beach. on motion of the plaintiffs the petition was dismissed as to six of the original plaintiffs, to wit: Jame& C. Ghan, Jr., Jane R. Gahan, John H. Fallon, Edith H. Fallon, Richard m. Oeser, and Lucy-Anne Oeser. The plaintiffs are residents of a development known as Myrica by the Sea, and it is situate westerly of Ocean Boulevard. The defendants own summer homes situate on the easterly side of the Boulevard aad bordering on Rye Beach -- the Prendivilles' lying southerly of "C" Street and the Wynots' lying northerly. 2. pl&4ntif-- are only entitled to relief if there has L A. &-# been some interference with some right or interest.they have J in "C" Street. Zhe burden of proving the existence of such right or interest rests upon the plaintiffs. The plaintiffs, either in their original pleadings or in amendments thereto, based their claim on four grounds: 1. By expressed grant. 2. By implied easements by reason of the layout of "C" Street on a plan or map. 3. By "C" Street having become a public way by prescriptive use of the general public. 4. By plaintiffz having acquired a private way over "C" Street by adverse use. There was no evidence that the plaintiffs had ever acquired any rights in "C" Street by expressed grant. None of their deeds mention "C" Street and none specifically give to the grantees any right of access to the beach. There was no evidence introduced of any other written documents expressly granting such rights to the plaintiffs. The Master finds and rules that the plaintiffs acquired no rights or interest in "C" Street by virtue of any expressod grant. The deeds of the plaintiffs all contain the following provisions: "...bein& Lot No. (number of lot inserted) on I 3. plan entitled, 'Myrica by the Sea, Building Lot Layout, Kirkegaar, Real Estate Development, Rye Beach, New Hampshire', by Higgins and Collins, Engineers, Lawrence, Massachusetts". There is no other map or plot plan referred to in the conveyances. The plan was introduced as Plaintiffs' Exhibit No. 1. The plan consists of the layout of some 350, plus, lots and various, roads or streets. While the plan itself bears no date, it was filed and recorded in the Registry of Deeds on November 12, 1926. The entire layout is situate on the westerly side of Ocean Boulevard. The only reference to the area on the easterly side of the Boulevard is the notation, "on mile of sandy bathing beach". The plan indicates no access to the beach and no layout or streets running easterly from Ocean Boulevard to the beach. There were certain other maps or plans that indicate an area marked "C" Street that runs from the Boulevard easterly to the beach. However, none of these are mentioned in the deeds of the plaintiffs, and they are not entitled to derive any benefits by reason thereof. The Master finds and rules that the plaintiffs acquired no interest or right in "C" Street by implied easements. The Master is unable to find that the general public acquired any interest or right in "C" Street by virtue of prescriptive use by the general public. There was some evidence 4. of use of "C" Street by persons othe r than the plaintiffs and residents.of the Myrica development, but the evidence was vague and of only an occasional'use that was not sufficient to estab- lish any public right of way*, No .persons other than the plain- tiffs, residents-of the Myrica development,'as.far as these proceedings are concerned =-de*any claim to such a right. Whateveruselthe rqsidents of the Myrica development made of it was a use.at best'restricted to a specific group and was not sufficient to establish a public right of use. The.Master finds and rules*that the plaintiffs acquirec no interest or right to"C" Street as members of the general public. In order to determine whether or not'the plaintiffs acquired any-private right or interests in "C" Street by prescriptive use, it is necessary for the plaintiffs to show that such use as made by them was adverse and hostile. Before this can be determined, it is necessary to decide who did have such a title or interest in "C" Street against whom the use Of "C" Street would be adverse or hostile, The titles of the defendants were derived from. Brown Real Estate and Timber Company.@ The deeds of'the defendants and their predecessors in title described the property as abutting on "C" Street, Neither "C" Street itsalf nor any therein were ever specifically ranted. The defendants' deeds and most of those,of their predecessors in title describe "C" Street as a "proposed street called "C" Street on 'Plan of Lots' of beach land of Brown real Estate and Timber Company,, recorded in Rockingham County Registry of Deeds*-., The Master finds that plan, intro- duced as Plaintiffs' Exhibit No. 2, is the plan this referred to. It specifically indicates an area marked "C" Street running easterly from the Boulevard to the beach. There was no evidence indicating any disagreement between the parties to this action as to the location of "C" Street on the cround. From the evidence the first conveyance that attempted to include "C" Street within the conveyed premises was the deed of Stanley Burns, defendant Prendiville's predecessor in title, to Irene Burns, dated January 2, 1964. This dead located the lot on the southerly side of "a proposed street called "C" Street", but also bounded the conveyed lot on the northerly side by land of Edith Hill, who owned the lot on the northerly side of "C" Street. The next specific attempt to convey any rights in "C" Street was deed dated July 20. 1967, from Evelyn Flanders to defendants Edward D. and BuZenia Wynot. This deed included, "...to-ether with all.right, title, and interests to the grantor CA in and to "C" Streettand the right to use the same in coauon with others". 6. Defendants John F. a.nd Ella M. Prendiville secured title to their lot Ion the southerly side of 11V Street.by tw o deeds from irene Burns, both dated.july 24, 1968. The first deed followed the samerdescription as the above-mentioned deed from Stanley Burns to Yrene Burns. The second, a quitclaim deed purported to convey, "All my.right, interest,, and title to a certain hard-topped driveway northerly and adjacent to property deeded by me this day to John F. Prendiville and Ella M. Prendi- ville," and referred to in said d.eed as, "...a proposed street called "C" Street, together with all-of my right and title, including any rights of way, or title by proscriptive use, to land running from the easterly edge of said driveway to the mean low water mark of the Atlantic Ocean." Other than the above-mentioned deeds, there was no evidencl that the Brown Real Estate and Timber Company, or any of its successors in title, or any of the defendants or their predecesLors in title had ever specifically granted to anyone any interest in "C" Street. The Master finds and rules that as between the parties to these proceedings the lots presently owned by the defendants, having been sold to the defqndants and their predecessors in title with reference to a recorded plan showing IICII Street as a proposed street and doscribing "C" Stroet an a boundAiry, tho 7. conveyances to the defendants and their predecessors in title deeded each of them the underlying fee to that one-half of "C" Street which abutted their respective properties. A stone wall was constructed on the easterly side of the defendants' properties for the purpose of preventing erosion and water damage. This wall extended along the easterly terminus of "C" Street. There were three stairways erected in this wall. leading down to the beach, one in, front of defendant Wynot's property, one at the end of "C" Street, and one in front of defendant Prendiville's property. Certain people who lived in the vicinity had used "C" Street and the center stairway to reach the beach beginning as far back as 1932. The street was never blocked off. About 1957 a sign was erected on the westerly terminus of "C" Street reading, "Private Way, Residents Only". Plaintiff's Exhibit No, 2, in addition to "C" Street, indicates "A", "B", "D", and "E" Streets. There is no line on the plan closing the easterly terminus of any of these streets, Up until recent years the evidence indicates that the use of "C" Street by persons other than abutting owners was not hostile. A number of those who used the way beyond the prescrip- tive period were friends of the abutting owners, and there was a friendly relationship that would have disallowed hostility. Many of them used the way with the expressed permission of the 8. abutting owners. Many of the plaintiffs neither testified nor were present at the hearing. There was no evidence as to what use some of these had made of the way. The testimony of others indicated that their use was.only in recent years. The lack of definiteness, as to time of usa,.by whom, whether with or witbout permission, implied or otherwise, are bars to the Master-malting a. finding that the plaintiffs have sustained their burden in proving that their use of the way was adverse and hostile for a continuous period of twenty years or more. The Master recommends the.petition be dismissed and that no damages.be assessed.against the plaintiffs. 3A/ Leonard C. Hardwick Master March 8, 1971. Master's Report approved.' Decree accordingly. -Is/ Francis E. Perkins 'Presiding Uustice ATTACHMENT 28 Decision of the Supreme Court Young et al. vs. Prendiville Maynard L. Young Jr., & a. v. John F. Prendiville & a, Nat 31, 1972 1. Evidence of indefinite and occasional public use of a street within twenty years of its dedication to such use by the filing of a subdiviion plan in the county registry of deeds and of subsequent sales of lots in accordance with the plan were properly found to be insuficient to constitute public acceptance of the street under RSA 238.7. 2. Use of such a street by the abutting owners tenants, friends, and neighbors within twenty years of its dedication did not constitute a public use within the meaning of RSA 238.7. Griffen, Harrington & Brigham (Mr. Lindsey R. Brigham orally) for the plaintiffs. Upton, Sanders & Upton and Sullivan & Wynot (Mr. Frederic K. Upton orally for the defendants. Kenison, C.J. The principal issue presented in this case is whether a street to Rye Beach was accepted by the public as a public way or whether it has remained the private property of defendants, abutting land owners. C Street is one of five streets running from Ocean Boulevard to Rye Beach as shown on a subdivision plan of the land between the boulevard and the beach. Around 1921, the owner filed the plan in the county registry of deeds and thereafter sold lots in accordance with the plan. C Street has never been formally accepted or developed by the municipality as a public way. Today C Street is in part a paved common driveway for the abutting owners and in part a grass lawn divided from the beach by a sea wall Plaintiffs. residents of a different development on the other side of Ocean Boulevard, sought an injunction restraining defendants from obstructing passage along C Street to the beach. Plaintiffs alleged both a private right of passage based on prescription on implication from the plan and a public right of passage based on prescription or dedication. The Master (Leonard C. Hardwick, Esq.) found that none of the plaintiffs acquired rights in C Street by express grant or by deed reference to any plan showing access to the beach. He found neither a private nor a public right of passage and recommended the petition be dismissed. The Superior Court (Perkins, J.) approved the master's decision. The principal issue that the plantiffs argue on appeal is whether the lanbd has become public, under RSA 238.7, by dedication. The statute provides 238.7. Dedicated Ways. Any street, lane or alley within this state which has been dedicated to public use by being drawn or shown upon a plan of lands planed by the owner, and the sale of lots in accordance with such plan, shall be released and discharged from all public servitude unless uch street, lane or alley shall be opned, built or used for public travel within twenty years from such dedicatin. "See Hodge v. Manchester, 79 N.H., 437.111 a.385 (1920). Defendants initially contend that ythe plaintiffs filure to except to the master's report or to the superior courts approval of the report prevents them from raising the issue of dedication on appeal. We agree that under Nixon N. Cooper 97 N.H. 327.87 a.2d 987 (1952), review of this issue might properly be denied. However inasmuch as the issue was raised by requests for of Law and inter covered by the master's report, we prefer to consider the case on its merits. C Street was dedicated to public use in 1921 with the filing of the plan and subsequent sale of the lots. RSA 238.7: Perrotto v. Claremont, 101 N.H. 267, 140 A.2d 576 (1958): 6 Powell, Real Property para. 935 (1971). The master found the evidence of public use, as contrasted with use by the abutting owners tenants, friends, and neighbors, indefinited, at best suggesting an occasional use insufficient to create public rights. although this finding was principally in response to plaintiffs primary argument of right by prescription based on use after 1941, it well characterizes the pre-1941 use. We hold usch meager evidence of use within 20 years of dedication insufficient for public acceptance of a street under RSA 238.7, M v. Hampton 112 N.H. 57.288 A.2d 691 )1972): Town of Glenarden V. Lewis, 261 Md. 1.273 A.2d 140 (1971): County of Banner V. Young, 184 Neb. 546, 169 N.W.2d 280 (1969): Hofgeming v. Woodbine Avenue Realty Co., 414 W.W.2d 580 (Ky. 1967): II Mcquillin, municipal Corporations w. 33.50. 33.54 )3d ed. rev. 1964): see Note, Public Ownership of Land Through Dedication. 75 Harv. L. Rev. 1406 (1962). Plaintiffs rely heavily upon Phillips v. City of Stanford, 81 Conn. 408371 A. 361 (1908), which affirmed a trial court's finding that a limited annual summer use by nearby residents of a path to the ocean was sufficient to show public acceptance of dedication of the path. We need not pass on whether Phillips represents the law in New Hampshire because the case is cleary distinguishable. Moreover, the evidence in this case suggests less public use and is significantly less definite than in Phillips. The plaintiffs complain of the master's failure to expressly grant or deny certain request and also to certain evidenuary thins. We have examined both the requests and the rulings and find no prejudicial error. See Travnor, The Riddle of Harmless Error 80-81 (1970). Plaintiffs exceptions overruled. All concured ATTACHMENT 28A Alphabet Streets: Legal Opin: RE possible 1"uturc licE@-al ci4z,.@ KEARNS, COLLIANDER, DONAHUE & TIMMER, P. A. ATTORNEYS AT LAW 108 HIGH STREET P. 0. Box 610 PETER F. KEARNS -$OHN O-COLLIANDER EXETER, NEW HAMPSHIRE 03833 TELEPHONE 603-778-05e6 MICHAEL J. DONAHUE CHARLES F. TUCKER DAVID S. BROWN DENISE A. POULOS August 21, 1984 George N. Olson, Director Rockingham Planning Commission One Water Street Exeter, New Hamnshire 03333 Re: Young vs. Prendiville Dear George: I have reviewed the Superior Court Decision, Reserve Case, and Supreme Court Decisions in Young vs. Prendiville with an eve toward whether'the case might be brought again either by the Town of Rye, itself, or by citizens in the development. Alhtough the case clearly could have gone either way, I think it is one of those examples where what my gut reaction "ought to be" and what the law actually says are two different things. Apparently Mr. Young could not prove: 1. That the original plan established a right in the plaintiffs to use "C" Street since their lots derived from a different subdivision plan; 2. The Public had acquired no rights to "C" Street since the Town did not take over and maintain it within twenty (20) years of its showing on the plan as required by state statute; 3. Mr. Young et al could not show that the Public had by adverse use acquired a right to use "C" Street since it had appeared that the public had been effectively prohibited from using it by signs which said "residents only" and other such devises; and, 4. Mr. Young and his neighbors could not prove that they acquired a right to use it by adverse possession (a prescriptive easement) because they had been permitted to use the right-of-way by the defendants and their predecessors thus raising no "adversity" and thus creating no rights. In ord'er to determine whether it is worth bringing the matter up before the court again, it must be determined whether anything has changed. A. Certainly the original grant of rights has not changed. B. Certainly the original dedication procedure has not changed. C. Perhaps the public has now used the right-of-way,adversely, for twenty (20) years. If that can be 2roven that is a change sufficient enough to re-open the case. In that event the Town of Rye might be the appropriate plaintiff, or the State of New Hampshire might be the appropriate plaintiff. D. If,,since the date of the decree, the original plaintiffs and their successors-in-title have used the property for access despite the court decision,warnings, threats, signs, and physical barriers, then perhaps both plaintiffs can now prove use by adverse possession. My estimate for the cost of such a Suit on this street or any of the other letter streets is at least $3,000 and perhaps $5,000. As far as "C" Street goes, it would be particularly difficult to get by the first hearing wherein the Prendivilles or their successors, would attempt to have the case thrown out- and obtain attorneys fees because the same case was being brought twice. Although award of attorneys fees is rare, I think it is quite possible that a judge who found the defendants were being sued twice over the same matter would be entitled to them. If one of the other alphabet streets has a quite different history and public use can be provenor use by neighbors can be proven, and such use can shown to be notorious, adverse, and for a period of twenty (20) or more years, then I believe those cases would have a good chance of success. Each one would turn on its own fact situation. Sincerely yours, 7 Charles F. Tucker dictated/not read CFT:bdm '@L`IENZT 29 -'a Fbr and in; esaddouflon of the sm to e- in hand. before the delirerv hereof, vrell and tinly paid by dw Teadpe Wbereof do hereby acknowledip, have Viveft, granted. bargained, sold, isud by these prmnta do give, grant, bamin, sall, alien, ealooff, convey and confirm anio the said helm and assigns forever, @9r To HAVE and to Et? granted praLiises, with all the-privileges and appurtenances to the mme @elonging '@D, the sald to the said heirs and w@igns, to and their only proper use and Wmefit forever. And al"' the heirs, OXCCUtOT9, and adrMnistrators, do herehy covenant, grant and agree heirs and assigus, that to =d'ivith tbesaia 4@ j@4'-'e . "-/ -@.' .-<?w until the delivery hcroof the lawful ovrner of the said premises and -e-11 seized and posses-ed diemdin own right in fee simple, wid have full power Lod lawful authority to graut wid convey the same in niamer aforesaW. that the mid premises am frw and clear e._, all atkd every iucumbmnce %%haLso@ver, and that heirs, elLecutors, and adminialxd@;@, &hall and will warrant and defand the game to the said ;W r4o@ @@M hcirs and usiguB. agumt the lawful claims and drimands of any per-%Qa or persons whomsoever. 0@ IN WnWM VEWWF, kave herewWo set hand aAd seat L4d. do ef to go year of our Lo4- --.O.ZZ SUM12% IRA=, 'LID DRUMED in FROMM OF ATTACHMENT 30 Charles Odiorne to Samuel Odiorne (476/412) A-- 0 For and in consideration of the sum of and U to 6@ 1(4@7 in hand, before the delivery hereof, wel u;y pal' by Aj the receipt whereof %6; do hereby acknowledge, have given, granted, bargained and sold, and by these presen4 do give, grant, bargain, sell, alien, enfeoff, convey and confirm unto the said heirs and assigns forever, L e Z111 7;1 7 /@7 A N@ C 4, 4@. r f@e f 0 @_j (4n C_ To HAVE @nd to HOLD the said granted limnijoes, with all the privileges mid appurtenances to the same ging, to 7'. f the said,:) fa,!, C, r4,,( " 7 'r 7@ @77 belop C1 @f i(-t /oi- ., heirs d 8, to M7 'P((, -- anj tbe;r only proper use and benefit forever. And &aid vl! i4 the heirs executors, and d do hereby a mini@tr5tors, imvenantj with, granVnnd agree to andv / the saW,91'i, heirs and assigns, that until the delivery hereof ;;@ -r-f the lawful owner of the said premises and - <4 ", I seized and possessed thereof in -7 ( own right in fee simple, and have full power .and lawful authority to grant and convey the same in lrnanner aforeARid; that the said premises are free and clear from all and every tineumbrance whatsoever; and that and f- heirs, executors and administrators, shall and will warrant and defend the same to the sa4l!@I_t f 1@11t_(4@@, @ 6? " f f Y, @1 -ce' - heirs "d assigns, against oe ,r. lawful claims and demands of any person oppqrsonswboma wife of the said And r, in consideration afoiesaid, do hereby rdinquish my right of dower in the Wore mentioned premises. And we, and each of us, do hereby release, dischargge aud waive all such rights, of exemptic)n from at-tachnient, and levy or sale on execution, and such other rights whatsoever, in said premises, and in each and every part thereof, as our famliy homestead, as are re%erved or secured to us, or either of us, by the Statute of the State of -New Ilampshire, passed July 4th, 1851, entitled "An act to exempt the 11ornestead of Families from Attachment and Levy or Sale on Execu.@iou," or by any other statute or statutes of said State IN WITNJESS Wamimor have hemnlo sdt--'17,ff- handOiramalVthis Q,"-1 ATTACHMENT 31 41 Mzo-@-T T-tt- aw Wrw 47 z@ j, - - n@ t3 Richardson (517/275)-- d Y> . ..... For and in consideration of the sum of 06ee-clztlla,@-- to, to in hand before. the dk-livery hereof, well and trully paid bv 16U, //;U-11 010 the receipt whereof .j do hereby acknowledge, have given, granted, I)argained And Pold, and by these presen!.s Delivered to do give, grs.4 Oar,, in, sell, Allen, enfeoff, and confirtu Unto the said MY- beir% and assigns forever X, J&@@ C- / Itt L-fa,-/ 1 4 @ @, '/' ,4r,@/ Ce e7 / /zz@ hi2 L-101 jez e@@e @2 e@,alzlz lli,;111@@14 616) -CM &W@11 K41-9 0- Z/It@ 609/@I //Ul Cz N;-I-I 6 C tI@ e4@e@ .z(w -ILz- Y,2r@@ X, To haxic an-' o hold the sai,l anted premises, with all the And appurtenancti- to the same t b nc'iDg to elo the said X I @e and heirs and assigns, to C And their only proper u@-e ax,d llereflt forever. And ;9 the a d 1;'J heirs. executorr. and admillis- trators, do hereby covenant,-rant aut agre , V, Jr V@Nlh the said' ani) hen*Z3 and assi-_,ns. tljat until the delivf,rv heri@of 5@ " t the lawful owner Of tile said preruiseq, and Ce'lll selzed and possessed hereof in ly r'vht in fee @'Lnrle: anti hive full Ix)werand lawful autbority to grant mid t-4:nvt-y the awe in that tbt @:,M prerni,-kq are free and -,Iint and ex@cut -rjaud and clear from All and evei I warrautntid defend ihe Eame to the i administratort,i, shall and w "lid, an(@@heirs and against the lawful 4mns.,.I:d dVolands of jiyo,4@ersum or perimior,;; whomsoever. I ife of I said, An d! 1, in con@iderstion afor;r,@i'd,'-do"h6ef'-@ 1--eiiII4UiT,11 TlIV I iLlIt 4J (lowri in the ned 1-1-t-Inises. Anti we and:-Heh or u8 do hembY rt-Irase, ili-liarge an,i all so'n riubts or excreption levy or sale on oxcco- tion, anc, such ot] er rigbt8 whAtsoever in snift pr@nn@v-,. anti in vneh an(j every part tberrol. as (yur FamilY li"Mestebil. as are rc@CrVL41 or secured tous, or eiffi,-ror u,4, i)y the sLawtk, or uie state of Nt,w Harnp4birv. ionssed JuIv 4. cnlilloi "an Act to exempt the HZentead of Farnihc3 front attaciiMent an(I lev%@ or sale on excentimi," or hV any (,11jer @r matin. a of Said NILAU.. @u witne whereof, hand,-7 and @ealo thi@; have herermfi) se.' ATTACHMENT 32 Richardson to Wentworth Hotel (795/415) TL J"', k 711. (A-4 A f J1 -4,-u&,% 0 fA ct,-.A I JA te- #A@u eAA-A4,A' J,4 At LL aw 414, A-, Val W-f U-J 46 cc-wt 4h fj:javt@ e lei 46c@" #1 AS, AIJ J, IL ku 4441 , , @q - A"" 4 fill 1 @ @10@41 AU Ev ATTACHMENT 33 Wentworth Fairways Golf, Inc. Wentworth-by-the-Sea Corp. (2451/1727) ex t WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS, That WENTWORTH FAIRWAYS GOLF, INC., a New Hampshire Corporation with a place of business and a mailing address at Wentworth Road, Rye, County of Rockingham and A -7 0 State of Now Hampshire, for consideration paid, grants to WENT- -BY-THE-SEA CORPORATION, a Delaware Corporation registered to WORTH do business in the State of New Hampshire, with a place of businesi at Wentworth Road, New Castle and Rye, County of Rockingham and State of New Hampshire, with WARRANTY COVENANTS, the following described promises% The real estate including buildings thereon within this conveyance is described on the attached "EXHIBIT A". IN WITNESS WHEREOF, it hereunto sets its hand and Corporate Seal this 6Vjk day of. 4L 1983. WENTWORTH FAIRWAYS GOLF, INC. By: "essV (Dury Authbrized officer) STATE OF NLV HA14PSHIRE Z")a' jq 1983 ROCKINGHAM, SS. Personally appeared the above named duly authorized officer of Wentworth Fairways Golf, Inc. and acknowledged the foregoing instrument as his voluntary act and deed and that of the said Corporation. i Before me, Ju4ticd/of %Ke Peace 40 92451 11728 EXHIBIT A TO DEED GIVEN BY WENTWORTH FAIRWAYS GOLF, INC. TO WENTWORTH-BY-THE-SEA CORP. Certain tracts or parcels of land, including leasehold interests, situated in the Town of Rye, County of Rockingham, State of New Hampshire, bounded and deccribed as follows: @Tract A A tract of land containing thirty-three (33) acres, more !or less, with the golf club house thereon, lying in the Town lof Rye in said County of Rockingham and bounded and described as follows: Beginning on the Southerly side of the highway leading from Sagamore Road to the Hotel Wentworth, called Nentworth Road" at a huh set in the ground, thirty-four and three-tenths (34.3) feet distant from a large oak tree on the opposite side of said highway which stands on the Easterly side of a driveway now or late of Caroline 1. Hill, which hub is also forty and three-tenths (40.3) feet from the corner of a large stone set in the wall on the opposite side of said high- Iway at the Westerly corner of said driveway; thence running ISoutherly by land now or lite of the Estate of Frank Jones, @three hundred five and five-tenths (305.5) feet to the stone ;wall; thence Westerly by said land now or late of the Estate lof Frank Jones, following said stone wall, one hundred eighty- Ifour (184) feet to land now or late of the heirs or devisees 4. !of Charles B. Odiorne; thence turning and running Southeasterly I I @jby said odiorne's land, three hundred forty-three -2- '92451 PV29 and five-tenthz (343.5) feet to the stone wall; thence Easterly by said Odiorne's land, as the said stone wall rune. on* un. r a `"orty-thlet '143) fact; thence Southeasterly across UIL % what is known as the Old Road. loading from said Wentworth Road to Sagamore Road and on in the same direction as the fence now stands by said Odiorne's land. eight hundred ninety (890) feet. more or less. to Seavey's Creek, otherwise called Witch Creek; thence Easterly and Northerly by said Crook and by Little Harbor to land now or late of the heirs of Orion L. Foye; thence Westerly by said land now or late of the heirs of Orion L. Foy* nine hundred thirty-two (932) feet. more or less, to an anglo in the division line; thence Northerly by said land now or late of the heirs of Orion L. Foy* and land now or late of the heirs of Charles B. Odiorne to said Wentworth Road and thence Southerly by said Wentworth Road to the point begun at. Statement of Restrictions. Easements and Rights of Others Pertaining to Tract A. (a) An unused public road known as "Old Ferry Road" crosses over this tract at an unknow location. Old Ferry Road is not presently maintained by the Town of Rye and may be subject to gates and bar&. In connection with this Tract. Old Ferry Road is mentioned in a dead recorded at Book 736, Page 391 at the Rockingham Registry. 52451 P1730 TractB A certain lot of land situated In said Tom of Rye the Southerly side of the highway leading frou Sagawre load to Hotel Wentworth called Wentworth Road. bounded and described as follows: Beginning at the hub in the ground on the Southerly sideline of said highway at the northwesterly corner of the above described parcel; thence running Southerly by the above described parcel to the stone wall at an angle in the division line three hundred and five and five-tenths (305.5) feet; theme turning and running Westerly following said stone wall by land of the above described parcel. one hundred and eighty-four (194) feet to an angle in the division wall *bere said &tons wall mate another stone wall running nearly north and South; thence turning and running Northerly by land now or late of the Estate of the late Frank Jones in the same direction as said stone wall runs. following a line coinciding with the line of satd stone wall produced, to the Southerly sideline of said Wentworth Road. at a hub set in the ground; and thence turning and running Easterly by said Wentworth Road to the point of beginning; Said lot of land includes the land where the Northwesterly tee of the Wentworth Golf Club is located and contains about one and one-half (1-1/2) acres. more or less. (a) An unused public road known as "Old Ferry Road." crosses over this Tract at an unknown location. old Ferry Road is not presently maintained by the Town of Rye and may be subject to gates and bars. -4- 92451 PIM Tract C Also a certain lot of land in Rye. in *aid County of Rockingham known as the 16"d firv'14." c=ta4_-i:-z at-en IMP acres, more or less, bounded Northerly by land forwArly of the heirs of Jacob Sheafe, Easterly by Little Harbor. Southerly by land formerly of the heirs of Ebenezer Odiorne. and Westerly by land formerly of the heirs of said Sbeafe. Tract D A certain lot of land in said Rye containing 7.38 acres. more or less. bounded and described as follows. beginning on the Southerly side of the Wentworth load at land sold by Samuel A. Odiorne to Lucy C. Richardson at the steps leading down from the said load over the bank toward the beach. and thence running Westerly by said Road seven hundred seventy-One and four-tenths (771.4) foot to the Old Road. so-called; thence running by said Old Road South four degrees West four hundred seventy-eight (478) feet to land recently purchased by the Wentworth Hotelc4l - of the heirs of Orion L. Foy*; thence running by said Foy* land North eigh;y-eight degrees East four hundred ninety-seven and five-tenths (497.5) feet to Little Harbor; thence running Northerly and Northeasterly by Little Harbor about seven hundred ninety-on* (791) feet to said land of Richardson; thence running Northerly by said land of Richardson (now Waldron) thirty (30) feet, more or lose. to the place of beginning. 92451 P1732 Note: Tracts A and I my be subject to certain easements al*d rights of way as described in a dead recorded at book 736. Page 391 of the Rockirgham County Registry of Deeds. Conveyancing Note- For title reference for Tracts A, B, C a D see deed recorded at book 1745, Page 419 of the Rockingham County Registry of Deeds. Tract E A certain parcel of land situate In Rye in the County of Rockingham and State of Now Hampshire, and being more particularly described as follows: .Beginning at the Northeasterly corner of the within described parcel at the high water mark of Seavey's or Witch Creek, so-called, at land of Esther Else& and thence rurming Southwesterly by other land of said Uses, four hundred fifteen (415) feet. more or less along a stone wall-in Wt-to a point-. said point being the Southeasterly corner of land'formarly of Charles Wendell. at al; thence turning and running Westerly through land formerly of Wendell. Else&. Garland and Wright to a point six hundred (600) feet Southwesterly of said Creek at land retained by Charles S. Wright; thence turning and running Northeasterly along other land of said Wright six hundred (600) feet to said Creek; and thence turning and running in a generally Easterly direction as the high water mark runs, to land of Else& which is the point of beginning. -6- 2451 P1733 Tract F Two certain parcels of land situate in said Rye. County of Rockingham and State of New Hampshire, more particularly described as follows: A certain tract or parcel of land situate in Rye. County of Rockingham and State of now Hampshire. bounded and described as follows: Beginning at a junction of two stone wells. at the Westerly corner of the parcel herein described, the Northerly corner of land now or formerly of Cavaretta Realty Company and land of the Mark H. Wentworth Home; thence following a stone wall N 35 08 E. 222.7 feet; N 33 40' E 198.6 feet and N 35 00' E. 456.0 foot by land of said Mark N. Wentworth Home and land of Helen V. Mulcahy to a point; thence turning and running S 570 34' E. 270.0 feet and N 68 55' E. 512.3 feet by other land of Otis C. Odiorne to a stone wall; thence turning and running S 21 39' E. 298.7 feet and S 22 08' E 442.2 feet crossing the Ancient New Castle Highway and by land of Theodore F. Bartlett to a wall junction-. thence turning and running S 65 05'W. 123.3 feet; N 84 30' W. 143.7 feet; S 77 46' W. 228.0 feet; S 66 24' W. 197.0 foot; S 73 32' W. 163.6 feet and S 69 42' W, 314.6 feet following said stone wall. bounding on MArsh land to a wall junction; thence turning and running N 56 22' W by land of said Cavaretta 447.2 feet to the point of beginning containing 20.24 acres. Statement of Restrictions, Easements and Rights of Others Pertaining to Tract F. 7 2451 P1734 (a) An unused public road known as "Old Ferry load" crosses this Tract at an unknown location. Old Ferry Road is presently not maintained by the Town of Rye and may be subject to gates and bars. Tract G A certain tract or parcel of marsh land situate in Rye. County of Rockingham and State of Now Hampshire, bounded and described as follows: Beginning at a point in the Northerly shore of Seavey's Creek at land of Cavaretta Realty Co.; thence running in a Northerly direction following a stone wall about 310 feet to a wall corner; thence turning and running N 69 42' E. 314.6 feet; N 73 32' E. 163.6 feet; N 66 24' E. 197.0 feet; N 77 46' E. 228.0 feet; S 84 30' E. 143.7 feet and N 65 05' E, 123.3 feet all by the above described parcel and by a stone wall to a corner; thence turning and running Southerly by marsh land of Theodore F. Bartlett about 120 feet to said Seavey's Creek; thence turning and running generally Westerly by said Creek to the point of beginning. Containing 8.6 acres. Statement of Restrictions, Easements and Rights of Others Pertaining to Tract G. (a) The rights-of-way contained in a deed recorded in Rockingham County Registry of Deeds at Book 1745. Page 417. -8- 2451 P1735 (b) The rights of way contained in a deed recorded at the Rockingham county Registry at Book 1653, Page 186. Conveyancing Note For a title reference to the above tracts it, E. F, and G, see'deed recorded at Book 1745, Page 417 of the Rockingham County Registry of Deeds. Tract H All right, title and interest in and unto certain Lease between Lavina 0. Bartlett of Rye, New Hampshire and Wentworth Fairways Golf, Inc., dated January 25, 1963 and recorded at Book 1661, Pago 9 as amended by an Indenture dated April 27, 1973 and recorded at Book 2205, Page 0781. See also Agreement dated November 22, 1980 and recorded in the Rockingham County Registry of Deeds at Book 2379, Page .0902. Tract I All right, title and interest in and to a certain lease between John Odiorne of Greenland, and Wentworth Fairways Golf, Inc. dated March 7, 1963 and recorded in book 1663 Page 143 and amended by an Indenture dated May 4. 1973 and recorded at Book 2205, Page 784. See also Agreement dated November 22nd and recorded at the Rockingham County Registry of Deeds at Book 2381, Page 1542. (Site C) NORTHEAST CORNER,OF GOLF COURSE Year Grantor Grantee Vol/Page Description 1873 Jedediah Rand Charles Odiorne 442/404 4 1/2 acre tract by Little Harbor 1880 Charles Odiorne Samuel Odiorne 476/412 5 112 acre tract by Little Harbor 1921 Samuel Odiorne Wentworth Hotel Co. 743/390 Northeast corner of present golf course 1932 Wentworth Hotel Co. Harry Beckwith 886/411 Northeast corner of present golf course 1938 Harry Beckwith Wentworth Hotel, Inc. 1042/397 Northeast corner of present golf course 1964 Wentworth Hotel, Inc. Wentworth Fairways 1745/419 Northeast corner of present golf Golf, Inc. course 1983 Wentworth Fairways Wentworth'By-The-Sea Northeast corner of present golf Golf, Inc. Corp. 2451/1727 course kALDRON LOT (Tax Map Parcel #8 on Sheet #1) 1873 Jedediah Rand Charles Odiorne 442/404 4 1/2 acre tract by Little Harbor 1880 Charles Odiorne Samuel Odiorne 476/412 5 1/2 acre tract by Little Harbor 1889 Samuel Odiorne Lucy Richardson 5171275 Tax Map Parcels #7 & #8 1925 Lucy Richardson Wentworth Hotel Co. 795/415 Tax Map Parcels #7 & #8 1932 Wentworth Hotel Co. Harry Beckwith 886/411 Large tract by Little Harbor 1938 Harry Beckwith Wentworth Hotel, Inc. 1042/397 Large tract by Little Harbor rt M 1946 WentNorth Hotel, Inc. Helen Waldron 1058/458 Tax Map Parcel #8 on Sheet #1 rt (A ATTACHRENT 35 Enlargement of 1903 plan of NH Beach Improvement Co. lai iZ J-4 (0 V. 4 83. 41 41 A: 7 ATTACHMENT 36 William Holihan to William & Ruth Holihan (1748/463) 1748 463 KNOW ALL MEN BY THESE PRESENTS THAT I, William B. Holihan, of Andover, Essex County, Massachusetts, for and in consideration of the sum of One Dollr and other good and valuable consideration to me in hand before the delivery hereof, well and truly paid by myself, the said William B. Holihan, and my wife, Ruth C. Holihan, as joint tenants, both of said Andover, the receipt whereof I do hereby acknowledge, have granted, bargained, and sold, and by other presents do give, grant, bargain, sell, alien, convey, and confirm unto the said William B. Holihan and Ruth C. Holihan, as joint tenants, their heirs and forever. Two (2) certain tracts of land with all the buildings thereon, situated in Rye, New Hampshire, and bounded and described as follows: FIRST TRACT: Four (4) certain lots of land, being Lots No. 6, 7, 24, and 25, on a plan of lots of "New Hampshire Beach Improvement Company" drawn by L. H. Scruton, C.E., dated May 1, 1903, and recorded with the Rockingham Records, Book 593, Page 501. SECOND TRACT: Beginning at the Northwesterly corner of Lot No. 7 on the aforesaid plan of "New Hampshire Beach Improvement Company" and the extension of Jermess Avenue; thence running by an extension of Jermess Avenue to the Southwesterly corner of Lot No. 24 on said plan; thence turning and running Northeasterly by the Southerly bound of Lots No. 24 and 25 to the Southwesterly corner of Lot No. 26; thence turning and running Southeasterly to a point which is the Northwesterly corner of Lot No. 5 and the Northeasterly corner of Lot No. 6; thence turning and running Southeasterly by the Northerly bound of Lots No. 6 and 7 to the extension of Jermess Avenue at the point begun at. Meaning and intending hereby to convey a strip of land between Lots No. 6 and 7 on the South side of said strip and Lots No. 24 and 25 on the North side of said strip, which said strip of land was originally laid out for a right of way but which right of way has been discontinued. This conveyance is made subject to all restrictions and conditions of record so far as the same now are in force and applicable. Being the same premises conveyed to me by deed of J. Norman Anderson dated April 7, 1947, recorded with Rockingham Records, Book 1081, Page 90. ATTACHMENT 37" I-Anols all Oen fir tbege V1 -Trafton to Jordan (726/146: "j, For and in Consideration of the sum of EZt Oe to L, in harm], before thij delivery hereof, well anil truly paid by 0711 A the receipt hereof 11. hereby aclinowled 1, t, given, @@!nte@ bargained and sold. an d by these yfesents do give. grant, bargain, scU, dei. to lien, ctifeciff, convev and.confirin unto the said 71@7'7 heirs aniassigns forever, .4'1 tA-A-.L* -1-CL zk,.-,,@ til, k'@ A@j jL t,- 'w, t b Gkj",U6-@Z aLR a--t RtZk-c a-i-,-tju e4AA^JLA. i-1A. IL@t- Ot- -k1-A- ;tze a. AQ-# r @ai?R-GLA- A2A 4-,x r r; A-* e- ti Cli, LklA-L-- 01_14L4- _A-tQL4.<A3,@ 9,tw JA -Q Aj C- OL YA -t a@ 0". -1, ro All It -2, k I @T r @ _*_ A@ S- -._ - 4@,l ilt Ai@ (), [email protected]; j- V, eAl I 0 - @A _jjA-.rII-L Q.- -, 9t 0 2 7, tAL I.A. CAJP[i-@i- &L-- C@'@L- k- 0 OL f O"A L/ fiL 41 4( -A' Tj -1. 4- (-1 -k et A' e_l,, @4@, OLI@ _k-@ /,Z a-4-@ A61@ rf To have and to @old the %a4 *72 1 premises, ith all t@l@ivilegcs anill appurtenances to the same belonging. to ,1 ,h ,A-r@ i, -.Aid --and hrir5 An:,1 aiisigrrs. to @-Ap#k their mildpropr use arml liengfit forever, An e th, -@3ml Cj.. t,- / . v-11/tt- P-*-- ek_p / f and L-^f heim exe,-utors arm] administTatws. do herebi covenzint, grant, anil 3gTCe to and wiiZthe sakir !iow r-,@F and -L-' heirs and assigns, that dc,i. rhT,.f e a-- lawful owner of the said pTemmes, and CA@A-k seizeit and posse!Lqed thereof in own right ve fill) xrer and lawfu L"Itesail that the in fee sisnple; a u1bority to gTent and convev the same in manner said prcmts-@ are free -upbrancr --4-glministratois, awl and ' f A_-A At Ok ij o-,L. t:- tv"- 11 1 aszsigns, against th erni rw@@ or Pe /I Owfill I-4ims and if I rson@ whomsover And 1, (1 Ck 4ft It CIP ?,@:" isa 't k@,L-( in consideration aforesajl. qb) heleby relA@@ftlght of-6+- 'inhe st"'40 mentionerl premises. z w:.iv all Nrw ilarninhirr, .604 St'Aull 'Ar St.t.tft of aid SLtl". IN %V4'1rNESS WHEREOF, C have hereunto set tl- hand S arid seal Sthis (Lav of in the vew of lAurd Sig1w, waW end,! li in P"ma" Rf in: .'0 ATTACHMENT 38 Stannard to Holihan (1258/10) Know all Men by these Prep THAT I, Marjorie B. Stannard of Winchester, in Sex, and the Commonwealth of Massachusetts, in consideration of one dollar and other valuable considerations to me paid by James E. Holihan and Geraldine M. Holihan, of Andover, in the County of Essex, and the Commonwealth of Massachu- setts, the receipt whereof I do hereby acknowledge, have given, granted,bargained sold and conveyed and do for my self and my heirs, by these presents, give, bargain,sell and convey unto the said grantees as joint tenan tenants with the right of survivorship and not as tenants in common, the survivor of them, his or her heirs and assigns, forever. A certain parcel or lot of land, with the buildings there on, situated. at Jennison Beach, so-called in Rye, In the County of Rockingham, and the State of Now Hampshire, and known as the whole of lots nos. 8 and 23 and is portion of late nos. 9 and 22 on a plan designated as the property of the New Hampshire Improvement Company of Portsmouth, Now Hampshire, made by L. E. Seruton C. E., May 1903, recorded in Rockinggham Records, Book 593 Page 561 bounded and described as follows: Beginning at a stake at the Northerly corner of said par- Celli bounded an the Southwest by the State Highway eight-one (81) feet to a stake in the ground; -thence turning in a Southerly direc- tion (dividing lots nos. 9 and 22) running two hundred eighty-five (285) feet to a stake in the ground; thence turning and running in a Southeasterly direction, bounded by the Ocean seventy-four (74) feet and two (2) inches to a stake in the ground; thence turning and running in a Northerly direction bounded by a right-of-way as shown on said plan two hundred eighty-one (281) feet to the point of beginning. Being the same promises conveyed to me deed of Mary E. Jordan, dated December 9, 1938, recorded in Rockingham Records, Book 937, Page 356. Also all my right, title, and interest in and to a certain right of-way or passageway running between late #23 and 8 and 24 and 7 from Cable Road to Jennese Beach, so-called, as shown on a plan designated as the property of the New Hampshire Beach Improvement Company, of Portsmouth, New Hampshire, made by L. E. Scruton, C. F., May, 1903, and recorded in Rockingham Records, Book 593, Page 501 Book 593, Pair 501, ATTACHMENT 39 James Holihan to Geraldine QUITCLAIM DEED Holihan (2281/968) KNOW ALL MEN BY THESE PRESENTS THAT I, JAMES P. HOLIHAN of Rye Beach Rockingham County, Stale of New Hampshire for consideration paid, grant to GERALDINE M. HOLIHAN 82 South Road (Street address) of Rye Beach said County, State of (Town or City) New Hampshire 03871 with QUITCLAIM covenants, the following Jescribed eal estate: (Description of land or interest conveyed: incumbrances exceptions. reservations, it any I A certain parcel or lot of land, with the buildings thereon, situated at Jenness Beach, so-called, in Rye, in the County of Rockingham, and the State of New Hampshire, and known as the whole of lots non. 8 and 23 and a portion of lots non. 9 and 22 on a plan designated as the property of the New Hampshire Improvement Company of Portsmouth, New Hampshire, made by L. E. Scruton, C. E., Kay 1903, recorded in Rockingham Records, Book 593, Page 501, bounded and described as follows: Beginning at a stake at the northerly corner of said parcel, bounded on the Southwest by the State Highway eighty-one (81) feet to a stake in the ground, thence turning in a Southerly direction (dividing lots Nos. 9 and 22) running two hundred eighty-five (285) feet to a stake in the ground; thence turning and running in a Southeasterly direction, bounded by the Ocean seventy-four (74) feet and two (2) inches to a stake in the ground; thence turning and running in a Northerly direction bounded by a right-of-way as shown on said plan, two hundred eighty-one (281) feet to the point of beginning. Being the same premises conveyed to this grantor by deed of Marjorie B. Stannard dated August 28, 1952 and recorded in the Rockingham County Registry of Deeds in Book 1258, Page 107. Also all my right, title and interest in and to a certain right- of-way or passageway running between lots #23 and 8 and 24 and 7 from Cable Road to Jenness Beach, so-called, as shown on a plan designated as the property of the New Hampshire beach Improve- ment Company, of Portsmouth, New Hampshire, made by l. E. Scruton. C. E., May 1903, and recorded in Rockingham Records, Book 593, Page 501. 1. James P. Holihan xxx said Grantor. release to said Grantee all fights of homestread and other interests therein. WITNESS my hand and seal this 14 day of April 1977 STATE of NEW HAMPHSHIRE Rockingham SS. James P. Holihan Personally appeared and acknowledged the foregoing instrument to be April 14 1977 his voluntary act and deed. Before me. to Transfer Tax Stamps required. Justice of the Peace A (Site D) TAX MAP SHEET 318 PARCEL #214 Year Grantor Grantee Vol/Page Description 1901 A. E. Turner F. Towle, H. Yeaton 27 acres of "woodland C. Trafton 584/126 and pasture" 1906 Towle, Yeaton, Elizabeth Dal@nd 616/229 Tax Map Parcel #214 Trafton & Heffenger & 618/426 on Sheet #18 1919 Elizabeth Daland Ernest Griffin 735/60 Tax Map Parcel #214 on Sheet #18 1944 heir of Ernest Griffin Norman Anderson 1016/378 Tax Map Parcel #214 on Sheet #18 1947 Norman Anderson William Holihan 1081/90 Tax Map Parcel #214 on theet #18 TAX KV SHEET #18 PARCEL #213 1901 A. E. Turner F. Towle, H. Yeaton 27 acres of "woodland C'..Trafton 584/126 and pasture" 1 1912 North Shore Realty Co. Helen Trafton 667/57 Tax Map Parcel #213 on Sheet #18 1918 Helen Trafton Mary Jordan 726/146 Tax Map Parcel #213 on Sheet #18 1938 Mary Jordan Marjorie Stannard 937/356 and 945/224 Tax Map Parcel #213 on Sheet #18 1952 Marjorie Stannard James & Geraldine 1258/107 Tax Map Parcel #213 n Sheet #18 Holihan F-J- rt (D 'D-- (D CD ATTAMfENT 41 Class VI Highway Petition for U: 6cieculAa" Layout Town of Rye New Hampshire Petition For Lay-out of Highway We the undersigned being lawful residents of the Town of Rye, New Hampshire, pursuant to R. S. A. 234 and pursuant to the authority granted the Selectmen of a Town under R.S. A. 232, do petition the Selectmen of the Town of Rye, New Hampshire, to lay-out a new class VI highway for the benefit and welfare of the public, the location and descrition of which is as follows: A certain street located on the easterly side of Ocean Boulevard so- called, in the Town of Rye, New Hampshire and running from the said Ocean Boulevard to the beach and described as "C Street" on plan of "Beach Land of Brown Real Estate and Timber Company, Rye Beach, New Hampshire" and recorded in Rockingham Records as Plat B-010. However otherwise described above meaning a strip of land twenty (20) feet wide partly blacktopped and partly grassed running from Ocean Boulevard so-called in Rye, easterly, and terminating at the beach. The point on Ocean Boulevard being located by starting from a point five (5) feet southerly from utility pole number 237-44A, 32X NET & T Co. and continuing southerly twenty (20) feet to the southerly side line of a blacktopped way. z (I c@s C, cx 0, 01 PA j 71 - L /Y CL, ATTACH@IENT 42 'Public Notice for 1"iF0hway Layout TOWN OF RYE ROCKINGHAM, ss OFFICE OF THE SELECTMEN NOTICE IS HEREBY GIVEN pursuant to a petition filed with the Board of Selectmen of the Town of Rye by Patrick'J. Foley and others a copy of which is attached hereto, a public hearing will be held on Monday, August 19, 1974 in the Town Hall of Rye, New Harripshire at 7:30 p.m. in the afternoon to consider the facts set forth in the petition and the action requested in said peti- tion. Copies of this notice t shall be delivered to each owner of land affected and shall be posted in two of the most public places in Rye and shall as well be published in the Portsmouth Herald a newspaper of general circulation in said Town of Rye. The land specifically affected is further identified as "C" Street on Plan 18 of the Tax Maps of the Town of Rye which said street runs from the easterly sideline of Ocean Boulevard so-called to th( Atlantic Ocean so-called. All interested parties may attend and shall be heard. GIVEN UNDER OUR HANDS at Rye, New Hampshire this lst day of August, 1974. 4 9_M@ Robert B. Goss &flirley B. Tibbet S S Ralph E. @Iorang,'Jr. ATTACIUa-I;T 43 Certification of Notice for Highway Layout Rye, New Hampshire, August 14, 1974 We hereby certify that we gave notice to the inhabitants within named, !to meet at the time and place and for the purpose within mentioned, by posting up an attested copy of the within Warrant at the place of meeting within namedt and a like attested copy at the Selectmen's Office being a public place in said @ Town on the 5th day of August, 1974 and a like attested copy published in the Portsmouth Herald August 7. 1974. And further: That we did serve notice by delivering in hand a like attested copy to Patrick J. Foley at 10:00 P.M. on August 5, 1974 being the first petitioner. And: By delivering in hand like attested c6pies to Chris Papoutsy at 8:45 P.M. and to Joseph P. and Dorothy W. Halihan, persons whose property is ieffected, known to be within the Town of Rye. Ands By sending a like attested copy of said notice to Gagnon Realty liTrust by certified zail, return receipt requested, on the 6th day of August 1974. AODerT. Do U055 ey B. Tibbetts J Ralph'E. Morang#/Jr, Selectmen of Rye ATTACH!UlT 44 rindings and Decision Regardi HA91114ay Layout STATE OF NEW HAMPSHIRE ROCKINGHA24, ss TOWN OF RYE In 4- e ?Alatlter of Petition th to Lay Out a Highway Filed By Patrick J. Foley and Others with Selectmen of Rye, N. H. FINDINGS AND DECISION The above-entitled petition having been filed with the Selectmen of Rye, New Hampshire on or about June 10, 1974 and the abutting landowners and the public having been properly served with notice of a public hearing and a public hearing having been held on August 19, 1974 and all interested parties having been heard, after due deliberation and at a public meeting of the Selectmen and upon a motion to grant the petition, Mr. Morang voting in the affirmative and Mr. Goss and Mrs. Tibbetts voting in the negative, the petition for the layout of a new Class VI high- way was denied for the following reasons: The Selectmen find no occasion for the layout of a high- way in accordance with the petition. After due consideration of the public exigency and convenience, the rights of the affected owners and the necessary expense to the entire town, the Select- men find that any public good which might arise from the layout of the highway would be limited to a small area of the town and the. general convenience to the entire town would be minimal at best. It further appears that the cost to the town as a whole which would be incurred by reason of the layout of a highway in the areal stated in the petition, would far outweigh any benefit which may accrue to the town as a whole should the highway be laid out. There has not been demonstrated a genuine overall public need for such a highway as petitioned. Dated at Rye, New Hampshire this 16th day of October,, 1974. , efz,( SELECTMEN V ATTACHMENT 45 Recent Time Magazine article -Law- on legal trends relative t Beach Access Some beachfront dwellers accept their losses from the ever-changing sea. 'The Gritty Battle for Beach Access but not from the ever-changing state. In California. the state coastal commission From sea to shining sea. sunbathers vs property owners ruled in 1977 that when owners build or rebuild sea walls to protect their property A year after Hurricane Alicia wal- private beaches. Earlier this year. for in- from erosion. all Jand seaward of the em- loped the Texas coast around Galves- stance, the New Jersey Supreme Court bankments is automatically opened to ton last summer. the storm has not entire- took note of "the increasing demand for public access. In 1979 a Ventura County ly abated. Having weathered natural ourstate's beaches"and held that they areaa community called Whalers' Village built a disaster. some 140 beach front-property public trust to which private-property revetment and fought the public-access owners are facing an even worse legal ca- rights must give way. The theory is a rule. A local court found the requirement tastrophe. Texas law gives the public the ground-breaking. potentially sweeping unconstitutional in 1983 because it was right to use all the beach in the corridor I one. Courts in Oregon. Florida and Hawaii "the taking of private property without between the sea at low tide and the natu- have also upheld beach access under the paying just compensation." The ruling is ral vegetation line. The violent winds and more legally traditional "doctrine of cus- being appealed, "The government is giv- rain of Hurricane Alicia tore away such tom When the beaches have always been ing these people a Hobson's choice." says large chunks of land that private, Whalers' Village Attorney Charles Greenberg Allow your homes to $100.000 homes are no longer sit- WARNING NO TRESPASSING Iting on privately controlled proper- be destroyed or open up your back- ty. When officials moved in to yard to the public" Santa Monica claim the land for sunbathers and Attorney Sherman Stacey. who is fishermen and to require that some bringing a similar suit. argues. "If Iof the houses be abandoned without the state wants to improve public any state compensation. the home- access. why doesn't it buy the prop- owners wrath easily matched that erty and impose the cost on all the of Alicia. A maelstrom of lawsuits taxpayers?" is still raging. One reason: it is too expensive. Such beach battles are by no On Nantucket Island, Mass.. an in- means unusual. From sea to shin- novative approach to that problem PRIVATE BEACH NOT FOR PUBLIC USE. KEEP OUT PRIVATE BEACH and Massachusetts on the East Coast... VIOLATORS WILL BE PROSECTED NO TRESPASSING open to the public. these courts have held, they must remain so. In Hawaii a tough law forced even the Mauna Kea Beach Hotel, one of the world's poshest resorts. to build an acces path to the beach for the public. The hotel. however, has reduced the flow of Tread not, warn signs from New Jersey ... ordinary tourists by charging high parking ... to sunny Malibu on the Pacific fees. Such indirect attempts to limit beach- ing sea. landlocked citizens are asserting going crowds are common. Resort towns is a 2% tax on all real estate sales, the what in many states is their traditional often impose parking restrictions and stiff funds to be used to buy back the beaches Iright of access to the beaches. even if they bridge and beach tolls for nonresidents. But for the public. But most states are not have to tramp across private property to these too are being attacked. In Florida this obliged to pay for what is viewed get there. At the same time, property month. Governor Bob Graham authorized longstanding public right. That may be owners. especially wealthy residents of local officials in St. Augustine to press a true even in Maine. which is still gov- exclusive beachfront communities. are lawsuit challenging beach tolls. erned to some extent by a 17th century becoming increasingly militant about the The beach legal wars are largely an grant from the King of England that gave invasion of beachgoers. In Maine's high- outgrowth of rapid coastline develop- away huge tracts of coastal land, includ- priced coastal enclaves. property owners. ment. In Texas. for instance. there was lit- ing the beaches. to encourage settlement. Imany of them from out of state. have built tie protest from landowners When the How the King's law now applies will be fences. thrown rocks. towed cars and on Open Beaches Act was passed in 1959. be- decided by the Maine courts in a case in- at least one occasion brandished a shot- cause at that time the Texas Gull Coast volving public access to a prime stretch of gun to keep clammers fishermen and was sparsely developed. Widespread con- coastline called Moody Beach. Assistant would-be sunbathers off their land. On struction of private homes, hotels and Attorney General Paul Stern. for one. be- the Massachusetts island of Martha's high-rise condominiums has come only in lieves that the courts will deside that Vineyard. a summer retreat for some of the past ten or 15 years. The new objec the public has the right to use the the East Coast's most prominent lawyers tions. in the wake of Hurricane Alicia. are state beaches rather than preserving and businessmen. homeowners have be- nothing but "the arrogance of affluence." them for essentially the privileged classes. gun hiring private guards LO confine out- says Assistant Attorney General Ken Why shouldn't a mill worker from Lisbon sider to relatively crowded stretch of of Cross. "Building on a beachfront is a earn- Falls be able to use the beaches?" he public beach ble with nature. When they take that asks. The legal tide seems to be going But nationally the trend is otherwise: gamble and put their money down. they, his way. By Michael S. Serrill. Reported by courts and new laws are gradually eroding should be prepared to risk losing it." Adam Cohen/Boston and Lianne Hart/Houston 48 TIME AUGUST 27, 1984 ATTACHMENT 46 Recent response of Hampton, NH Selectmen to encroachment on publi access to the beach (Portsmouth Herald 9/19/84) flampton Selectmen settleland dispute ByDWIGHTADAMS of those improvements reducing the torty-loot- Staff Writer ided for the town's wide road into a paved HAMPTON - Select- geronvelfit. pedestrian way. men literally took the ' Selectman Norton said matter into their own "Alarrone's deck, vvas not When selectmen began hands vesterday as they removed yesterday - receiving complaints supervised town even though it ell- from neighbors in the employees uprooting 10- croaches on the public spring 1981, they ordered foot-tall pine trees, right-of-way - in lieu of Marrone to remove all shrubs, a blackto a "negotiated settle- greenery and restore the sidewalk and a p= ment" between the town right-of-way to its bench placed at the end an Marrone, regarding original condition, ex- of an unpaved section of his compensation for the cepting the seawall and James Street by seawall and steps. steps. Marrone sought neighbor Michael Mar- The problems began injunctive relief from the rone. when selectmen and selectmen's order and Tuesday morning's ac- Marrone entered into the three-year court bat- tion end@d a four-year- negotiations in July 1980, tie began. old dispute betw'een regarding a house he had selectmen and Nlarrone, just bought at 15 James A Superior -Court after a state Supreme Street, which resided on master found Marrone's Court decision Aug. 31 town-owned leased land. improvements to be -reversed and remand- Marrone planned to "tastefully done," issu- ed" an earlier Superior construct a four-foot- ing an injunction to pre- Court action sup ti high seawall across the vent selectmen from Marrone. All remove beach side of his proper- removing it. The trees and shrubs have ty, -similar to an existing Supreme Court reversed been replanted at the seawall on property of the decision on . appeal, public works compound h i s n e i g h b o r however, finding that on Tide Mill Road and O'Shaughnessy. Marrone's actions the roadway replaced Selectmen then sug- resulted in the disconti- with beach sand. gested that he extend his nuance of a public "If he wants them. he proposed seawall across highway - an illegal ac- can come get them, " James Street to connect tion unless approved by said Selectmen Chair- with O'Shaughnessy's town vote. man Ashton. Norton of property, to offer Marrone's greenery. greater protection to the Also appearing at "The lesson here is vou road and property yesterday's ciean-up cannot encroach upon Owners from the were Selectman Louisa town rights-of-way with "ravages of the sea." K. Woodman and Police anything - trees, rocks, They also asked Mar- Chief Robert Mark who bushes or buildings." rone to install stairs to videotaped the removal The Supreme Court allow public access over of the greenery. Mar- said the town has a right the seawall. rofie, however, was con- to * 'abate' ' im- Marrone agreed if he spicuously absent. pTovements made bv could "landscape" the Marrone on the unpavea area behind the seawall James Street extension where the unpaved sec- as well as to remove @ tion of James Street deck he built out into the meets the beach. Select- road. men granted Marrone However, the town is permission to landscape required to compensate that area, as long as a Marrone for the "fair walkway was maintain- value" of a concrete ed to the beach. seawall and wooden But. Marrone's im- steps he constructed at provements to the James the beach's edge at Street extension includ- selectmen's request . Thef ed planting trees and case has been remanded shrubs and extending a back to Superior Court to private deck from his find the reasonable value Jacuzzi, eventually 01%7F- DUE GAYLORD No. 2333 3 6668 14107 5988