|
A
<br /> • i'
<br /> ' M
<br /> ,z� n
<br /> #, 9K 12990 P'G3a8 27706
<br /> a�—a5--2000 e
<br /> AGREEMENT
<br /> � I I
<br /> I
<br /> This agreement made this day of April, 2000, by and between Brian
<br /> and Karen Howes of 70 Summersea Road (Lot #102), 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 4101), Mashpee, Massachusetts, hereinafter referred to as
<br /> "Saliba", which shall include their heirs, executors, administrators, agents, assigns or
<br /> V successors in title.
<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 /> i
<br /> j entitled: "Plan of Land in Mashpee, Mass." Scale: 1" = 60', August 3, 1965, Hayes
<br /> t; Engineering, Inc. 828 Lynn Fells Parkway, Melrose", and recorded in the Barnstable
<br /> i
<br /> County Registry of Deeds at Plan Book 242,Page 81.
<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 /> 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 Plan Book 242,Page 81. f{
<br /> 3
<br /> �Ijr •- nfir;• ,
<br /> Rll 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 /> I, mutual use of both Saliba and Howes.
<br /> WHEREAS, Howes possesses an casement of way for the purpose of access,
<br /> r` maintenance and repair ten feet in width,the westerly line of which begins at the westerly
<br /> iqw
<br /> F �E U corner 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 /> ��'1 '• 13, 1979,running in a straight line over the land currently of Saliba as described above to
<br /> a dock in Ockway Bay, which easement also granted to Howes the right to maintain said
<br /> ' . dock which is partially located on land currently of Saliba.
<br /> f WHEREAS, Howes and Saliba desire to abandon the use of the existing dock
<br /> A a an easement
<br /> Howes possesses s
<br /> •�,- on land current/ of Saliba and to which H p _
<br /> artiali located y
<br /> p y
<br /> over the land of Saliba and a right of use,access,maintenance and repair,which dock has
<br /> i
<br /> deteriorated and is in a state of disuse and disrepair, and desire to demolish and/or II,
<br /> remove said dock.
<br /> WHEREAS, to replace the existing dock located partially on land of Saliba,
<br /> Howes and Saliba desire to construct a new deck, pier, ramp and float (hereinafter the
<br /> use and access to be located in a
<br /> « common �
<br /> their co
<br /> structure") for
<br /> } , new common dock stn. }
<br /> ;.
<br /> k, the design and new location of which to
<br /> different location than that of the existing doc
<br /> i
<br />
|