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<br /> Q EsiC 129JErI PG303 2770S
<br /> ti CSS--OS--2000 E 12 CO2 '
<br /> ' AGREEMENT `
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<br /> a This agreement made this {'Lin day of April, 2000, by and between Brian „t
<br /> and Karen Howes of 70 Summersoa Road (Lot 4102), Mashpee, Massachusetts, .
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<br /> hereinafter referred to as "Howes', which shall include their heirs, executors, f
<br /> administrators, agents, assigns or successors in title, George and•Cina Saliba of 72
<br /> n 7t Summersea Road (Lot #101), Mashpee, Massachusetts, hereinafter referred to as
<br /> "Saliba", which shall include their heirs, executors, administrators, agents, assigns or '
<br /> successors in title, and Ray Bachand of 74 Summersea Road (Lot #100), Mash,
<br /> ti Massachusetts, hereinafter referred to as `Bachand", which shall include his heirs, <;
<br /> executors,administrators,agents,assigns or successors in title,
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<br /> f.y 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
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<br /> entitled: "Plan of Land_ in Mashpee, Mass." Scale: 1" = 60', August 3, 1965, Hayes .^
<br /> _ Engineering, Inc. 828 Lynn Fells Parkway, Melrose", and recorded in the Barnstable
<br /> County Registry of Deeds at Plan Book 242,Page 8 1.
<br /> . ; WHEREAS, Saliba owns and has title to the parcel of land at 72 Summersea
<br /> Road,Mashpee,Barnstable County,Massachusetts,shown as LOT 101 on a plan of land
<br /> TM L' entitled: "Plan of Land in Mashpee, Mass." Scale: 1" = 60', August 3, 1965, Hayes
<br /> t 'w ; 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, Bachand owns and has title to the parcel of land at 74 Summersea
<br /> Road,Mashpee,Barnstable County,Massachusetts,shown as LOT 100 on a plan of land
<br /> U! entitled: "Plan of Land in Mashpee, Mass." Scale: 1" = 60', August 3, 1965, Hayes
<br /> } Engineering,Inc. 828 Lynn Fells Parkway,Melrose",(hereinafter the"plan of land")and
<br /> recorded in the Barnstable County Registry of Deeds at Pian Book 242,Page 81. 3
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<br /> r 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, f`
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<br /> WHEREAS, Howes and Saliba desire to abandon the use of the existing dock
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<br /> partially located on land currently of Saliba and desire to demolish and/or remove said .
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<br /> dock.
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<br /> i WHEREAS, to replace the existing dock located partially on land of Saliba,
<br /> L 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
<br /> be substantially as shown on a plan of land entitled "Site Plan, Profile & Details of
<br /> Proposed Common Pier Prepared for Brian Howes for Lot 101,#72 Summerse-a Road in
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