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<br /> BK 12330 PG308 2??Dg
<br /> 05-05-2000 2 12 a 02
<br /> �. • AGREEMENT
<br /> This agreement made this day of April, 2000, by and between Brian
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<br /> + ' and Karen Howes of 70 Summersea Road (Lot #1102), Mashpee, Massachusetts,
<br /> hereinafter referred to as "Howes", which shall include their heirs, executors,
<br /> administrators, agents, assigns or successors in title, and George and Cina Saliba of 72
<br /> Summersea Road (Lot #f101), Mashpee, Massachusetts, hereinafter referred to as
<br /> "Saliba", which shall include their heirs, executors, administrators, agents, assigns or I ,
<br /> successors in title.
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<br /> WHEREAS, Howes owns and has title to the parcel of land at 70 Summersea
<br /> Road, Mashpee, Barnstable County, Massachusetts,shown as LOT 102 on a plan of land
<br /> q ; entitled: "Plan of Land in Mashpee, Mass." Scale: 1" = 60', August 3, 1965, Hayes
<br /> >.7 ; Engineering, Inc. 828 Lynn Fells Parkway, Melrose", and recorded in the Barnstable
<br /> County Registry of Deeds at Plan Book 242,Page 81.
<br /> i - WHEREAS, Saliba owns and has title to the parcel of land at 72 Summersea
<br /> Road,Mashpee, Barnstable County,Massachusetts, shown as LOT 10I on a plan of land
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<br /> entitled: "Plan of Land in Mashpee, Mass." Scale: 1" = 60' Au pe , gust 3, 1965, Hayes 4
<br /> j 1 Engineering, Inc. 828 Lynn Fells Parkway,Melrose", (hereinafter the"plan of land") and
<br /> recorded in the Barnstable County Registry of Deeds at Plan Book 242,Page 81.
<br /> ,;�:• WHEREAS, there exists partially on the land currently of Saliba as described
<br /> above, a dock in Ockway Bay, which, as described below,exists, and has existed for the
<br /> mutual use of both Saliba and Howes. '
<br /> WHEREAS, Howes possesses an casement of way for the purpose of access, ;,
<br /> l` maintenance and repair ten feet in width,the westerly line of which begins at the westerly
<br /> comer of the sundeck of the structure located on land currently of Howes as described
<br /> above,as said sundeck and structure existed on the land currently of Howes as of October
<br /> 13, 1979,running in a straight line over the land currently of Saliba as described above to
<br /> a dock in Ockway Bay, which casement also granted to Howes the right to maintain said
<br /> dock which is partially located on lard currently of Saliba.
<br /> WHEREAS, Howes and Saliba desire to abandon the use of the existing dock
<br /> partially located on land currently of Saliba and to which Howes possesses an easement
<br /> 'T; over the land of Saliba and a right of use,access,maintenance and repair,which dock has
<br /> deteriorated and is in a state of disuse and disrepair, and desire to demolish and/or
<br /> remove said dock.
<br /> WHEREAS, to replace the existing dock located partially on land of Saliba,
<br /> !I" Howes and Saliba desire to construct a new deck, pier, ramp and float (hereinafter the
<br /> "new common dock structure") for their common use and access to be located in a
<br /> ' different location than that of the existing dock, the design and new location of which to
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