09/13/2000 ZONING BOARD OF APPEALS Decisions

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M m BK 12990 PGS04 27705 C Mashpee, Scale l"=20', April 25, 1999, Revised 5/14/99 and 11/9199." (hereinafter the "site plan") r� I 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 may require the consent of Bachand, the current owner of Lot #100 as shown on the above-referenced plan of land, 74 Summersea Road,Mashpee, Massachusetts as well as the current owner of the land adjacent to Lot 4101 and Lot #100 near the Mean High ' Water mark. 'n` WHEREAS, in order to limit the number of docks constructed in the vicinity of his dock,Bachand desires to grant Howes and Saliba his consent to construct,access,use, maintain and repair a portion of the said new common dock structure on and over his property as depicted in the above said site plan. '. NOW, THEREFORE, in consideration of the mutual covenants and promises j contained herein, it is mutually covenanted, stipulated and agreed by and between the rs parties hereto as follows: 1. Bachand agrees to allow Howes and Saliba to construct,access,use,maintain II,I and repair a portion of the above-referenced new common dock structure on land of Bachand as depicted on the above-referenced site plan and to allow j { t Howes and Saliba to access that portion of his property necessary for the purpose of so constructing, accessing, maintaining and repairing the new common dock structure and agrees to grant an easement for those purposes to f ` Saliba and Howes to the extent such an easement does not already exist for the benefit of both Saliba and Howes and their respective heirs, executors, r61 administrators, agents, assigns or successors in title, said easement to be appurtenant to, and to run with,the land of,Saliba and Howes. Together with # ; the above easement,Bachand agrees to grant to Howes and Saliba the right to access,use,maintain and repair the said new common dock structure. f� 2. Howes and Sal gree to assume all costs of construction, maintenance, s= Saliba & upkeep and repair as set forth in separate agreements between Howes and Saliba. yy .. 3. Howes and Saliba agree that Bachand shall not be responsible to pay any of £ the above costs or expenses or any other cost or expanse associated with or � resulting from the construction, use, maintenance, upkeep and repair of said new common dock structure. 4. Howes and Saliba agree, with the exception of any loss occasioned by the 't negligence of Bachand, to indemnify and hold Bachand harmless from any and all loss sustained to any and all persons while using or accessing said dock while on the property of Bachand, and for any loss sustained to the t , s 2 4 j a