07/30/2003 ZONING BOARD OF APPEALS Decisions

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?Ohl David Thulin PE PLS FAX hJO. : 508 9887259 Sep. 09 2003 02:52FN P2 COMMONWEALTH OF MASSACHUSETTS TOWN OF MASHPEE SUBDIVISION ROADWAY COVENANT Paul C. Glynn and Joseph R. Valle, Managers of The undersigned Meetinghouse Partners Development, LLC of Falmouth County, Massachusetts, hereinafter called the"Covenantor," having submitted to the Mashpee Zoning Board of Appeals, under the provisions of G.L. (Ter. Ed.) C. 40B, a definitive plan of a subdivision, entitled Chapter 40B — Comprehensive Permit Devinitive Plan Meetinghouse Hill Meetinghouse Road, Mashpee, Massachusetts dated August 15, 2003 made by ` David C. Thulin, PE, PLS does hereby covenant and agree with said Zoning Board of Appeals and the successors in office of said Board, pursuant to G.L. (Ter. Ed.) C. 41, Sec. SIU, as amended, that: 1. The covenantor is the owner of record of the premises shown on said plan; 2. This covenant shall run with the land and be binding upon the executors, administrators, heirs, assigns of the covenantor, and their successors in title to the premises shown on said plan; . 3. The construction of ways and the installation of municipal services shall be provided to serve any lot in accordance with the Town of Mashpee Rules and Regulations Governing the Subdivision of Land, as amended, subject to any waivers granted by the Zoning Board of Appeals in its C. 40B decision regarding this subdivision, before such lot may be built upon or conveyed, other than by mortgage deed; provided that a mortgagee who acquires title to the mortgaged premises by foreclosure or otherwise and any succeeding owner of the mortgaged premises or part thereof may sell any such lot, subject only to that portion of this covenant which provides that no lot so sold shall be built upon until such ways and services have been provided to serve such lot; Nothing herein shall be deemed to prohibit a conveyance subject to this covenant by a sing --i deed of the entire parcel of land shown on the subdivision plan or of all lots not previougyg F released by the Board without first providing such ways and services; C.1).1z 5. This covenant shall take effect upon the approval of said plan; w ri r—D 6. Reference to this covenant shall be entered upon such plan and this covenant shall be record when said plan is recorded. x o `v .0 rTi The undersigned ^i wife, husband of the Pthis rh b a that such interest as I, we p ses shall be subject to the provisi ocovenant and insofar as is necessary release all rights of tenancy by the courtesy, dower, homestead and other interest therein. EXECUTED as a sealed ins t umr ent this 12th day of September 2003 COMMONWEALTH OF MASSACHUSETTS Barnstable, SS. September 12 2003 Then personally appeared Joseph R. Valle and Paul C. Glynn and acknowledged regoing instrument to be their free act and deed, before e S. Malissa Hallenbeck Nolary Public My Commission Expires 09/11/09