09/13/2000 ZONING BOARD OF APPEALS Decisions

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BK 12900 PG309 27706 5 i.. 71r 4r' be substantially as shown on a plan of land entitled "Sits Plan, Profile R Details of Proposed Common Pier Prepared for Brian Howes for Lot 101, #72 Summersea Road in Mashpee, Scale 1"=20', April 26, 1999, Revised 5/14/99 and 11/9/99," (hereinafter the "sits plan") WHEREAS, Howes desires to abandon and terminate the existing easement of #_ ,7 `s way over the land of Saliba as described above and Saliba desires to make a new grant of easement of way to Howes over land currently of Saliba for access to the new commonr dock structure from land currently of Howes for the purpose of access to, use, }; maintenance and repair of, the new common dock structure along with a concomitant L 7 5= grant of right to access,use and maintain said new common dock structure,all to be used as appurtenant to the land currently of Howes so that said grant will run with the land 's currently of Howes. WHEREAS, Howes and Saliba recognize that their plan to construct the new , common dock structure in the location as delineated on the above-referenced site plan 's may require the cooperation and consent of the current owner of Lot 4100 as shown on r the above-referenced plan of land, 74 Summersea Road, Mashpee,Massachusetts as well as the current owner of the land adjacent to Lot#101 and Lot#100 near the Mean High Water mark. - WHEREAS, Howes and Saliba recognize that their plan to construct the new common dock structure and to ensure a right of access and use for the owners of Lots #I01 and #102 and to provide for the upkeep, repair and maintenance of the same will require certain engineering,permitting,legal and construction work and drafting;and F WHEREAS, Howes and Saliba recognize that certain of said work will benefit l only Howes. t NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, it is mutually covenanted, stipulated and agreed by and between the 3 parties hereto as follows: 1. Howes and Saliba agree to share equally all of the costs, expenses and fees incurred: 1)to obtain all required approvals,permits and consents necessary to construct the new common dock structure; 2) to engineer the new common --fr dock structure as required for its approval and construction; 3) to research, . : draft and execute all legal documents necessary to effectuate the plan of then maintenance parties for the construction, use and intenance of the new common dock structure; and 4)to negotiate all aspects of the project with third parties to the ' extent such negotiations become necessary in order to effectuate the plan of the parties for the construction,use and maintenance of the new common dock structure,with the exception of those casts,expenses and fees incurred solely <' •.F I I I B I I 4 I i