Docket Number: WO25E0126 Petition to Partition Citation (A.C.92A)   Commonwealth of Massachusetts Worcester Probate & Family Court   To:Eric S LeBeau and to all other persons interested. A petition has been presented to said Court by RachaeL A DeSantis of Rutland in the County of Worcester representing that he hold as tenant in common undivided part or share of certain land lying in Rutland in said county Worcester and briefly as follows: See attached:   EXHIBIT A A certain parcel of land with improvements thereon, situated in the Town of Rutland, Count of Worcester, Commonwealth of Massachusetts and shown as “Lot 5” on a plan of land entitled, “PLAN OF PROPERTY OWNED BY ROBERT J. KENNEY AND NANCY M. KENNEY, PRESCOTT STREET, RUTLAND, MASSACHUSETTS”, Scale 1” = 40’, Dated November 2, 1988, Cullinan Engineering Co., Inc. recorded with the Worcester District Deeds, Plan Book 612, Plan 38 and more particularly described as follows: BEGINNING at the Southwesterly most corner of the parcel herein described at the Southeasterly most corner of Lot 6 as shown on said Plan; THENCE N. 20° 28’ 55” E. along said Lot 6, a distance of seven hundred, ninety and 16/100 (790.16) feet to a point at land now or formerly of Conrad; THENCE S. 67° 07’ 57” E. along land now or formerly of said Conrad and land now or formerly of Nadow, a distance of one hundred, eight and 00/100 (180.00) feet to a point at land now or formerly Kenney; THENCE S. 22° 52’ 02” W. along land now or formerly of Kenney, a distance of seventy-five and 00/100 (75.00) feet to a point; THENCE S. 67° 08’ 00” E. along land now or formerly of said Kenney, a distance of one hundred, fifty and 00/100 (150.00) feet to a point at the northwesterly corner of Lot 1 as shown on said plan; THENCE S. 18° 03’ 57” E. along said Lot 1, a distance of one hundred, fifty-four and 91/100 (154.91) feet to a point at the northeasterly most corner of Lot 2 as shown on said plan; THENCE S. 70° 44’ 47” W. along Lots 2, 3 and 4, a distance of four hundred, fifty and 00/100 (450.00) feet to a point; THENCE S. 18° 03’ 57” E. along said Lot 4, a distance of two hundred and 90/100 (200.90) feet to a point at the northerly side of Prescott Street; THENCE S. 70° 19’ 18” W. along said Prescott Street, a distance of thirty-three and 15/100 (33.15) feet to a point; THENCE S. 70° 03’ 13” W. along said Prescott Street, a distance of one hundred, six and 64/100 (106.64) feet to a point; THENCE S. 69° 51’ 00” W. along said Prescott Street, a distance of sixty-eight and 21/100 (68.21) feet to a point; THENCE N. 70° 17’ 41” W. along said Prescott Street, a distance of forty-four and 00/100 (44.00) feet to a point of the beginning. SAID parcel containing 3.9373 acres more or less as shown on said plan. SUBJECT to a 20’ utility easement as shown on said plan. RESERVING to the grantor, its successors and assigns an easement for utility purposes, including but not limiting to electric services, water, sewer, cable, and telephone, as shown on said plan. TOGETHER WITH an exclusive easement for all purposes over, under and upon the land shown as “20” Driveway & Utility Easement” on said plan and further described as follows: BEGINNING at a point on the Northerly line of Prescott Street, at the Southeasterly most corner of lot 3 as shown on said plan; THENCE S. 70° 44’ 47 W. along said Prescott Street, a distance of ten and 00/100 (10.00) feet to a point; THENCE S. 18° 03’ 57 W. through the Easterly side of said Lot 3, a distance of two hundred and 01/100 (200.01) feet to a point on the Southerly line of Lot 5 as shown on said plan; THENCE N. 70° 44’ 47 W. along said Lot 5, a distance of twenty and 00/100 (20.00) feet to a point in the northerly line of lot 2 as shown on said plan; THENCE S. 18° 03’ 57” E. through the Westerly side of said Lot 2, a distance of two hundred, and 01/100 feet to a point on the Northerly line of said Prescott Street; THENCE S. 70° 44’ 47” E. along said Prescott Street, a distance of twenty and 00/100 (20.00) feet to the point of the beginning. Grantees, their hers, successors, and assigns shall have the exclusive right of employment regarding said “20’ Driveway & Utility Easement” land, including, but not limited to the right to pass and repass over the land, install, maintain, repair, replace, pave, seal, or otherwise deal with any driveway thereon benefiting grantees’ land. Grantees, their hers, successors and assigns may use the “20’ Driveway & Utility Easement” land exclusively and may park cars or other motor vehicles thereon. Grantees, their successors and assigns may install, maintain, repair, replace a fence on the “20’ Driveway & Utility Easement” property. As per M.G.L. c. 188 §13, the Grantors, under oath and subject to the pains and penalties of perjury, do hereby depose, state and certify that: (i) we release all rights of Homestead in the subject realty, (ii) that no spouse, nonowner spouse, former spouse, or any other person resides in the home, and (iii) at the time of delivery of this deed, no spouse, former spouse, or any other person is entitled to claim the benefit of an existing estate of homestead. For Grantors’ title, see deed of Mark D. Handy and Darlene M. Handy dated October 28, 2015 and recorded with the Worcester District Registry of Deeds, Book 54518, Page 59.   setting forth that he/she desire that all the aforesaid described part of said land my be sold at private sale not less than Six Hundred Ninety Six Thousand, Eight Hundred ($696,800.00) dollars, and praying that partition may be made of all the land aforesaid according to law, and to that end that a commissioner be appointed to make such partition and be ordered to make sale and conveyance of all, or any part of said land which the Court finds cannot be advantageously divided either at private sale or public auction, and be ordered to distribute the net proceeds thereof. If you desire to object thereto you or your attorney should file a written appearance in said Court at Worcester before ten o'clock in the forenoon on the Ninth day of December the return day of this citation. Witness, Leilah A. Keamy, Esq., First Judge of said Court, this Seventh day of November.                                                      Stephanie K, Fattman,                                                    Register of Probate   It is ordered that notice of said proceeding be given by delivering or mailing by registered mail or certified mail as a copy of the foregoing citation to all persons interested whose addresses are known fourteen days at least before said return day, and if any person is not so served, by mailing a copy thereof to the last known address of such person fourteen days at least before said return day; and by publishing a copy thereof once in each week for three successive weeks in the Worcester Telegram & Gazette a newspaper published in Rutland the last publication to be seven days at least before said return day. Witness, Leilah A. Keamy, Esq., First Judge of said Court, this Seventh day of November.                                                      Stephanie K. Fattman,                                                    Register of Probate Nov 16, 23, 30, 2025