|
3 1
<br /> CROSS-EASEMENT AGREEMENT
<br /> This Cross-Easement Agreement is entered into as of this ` day of:lune,2017,
<br /> by and between the following parties: (i) Southworth Willowbend LLC,a Delaware
<br /> limited liability company with an address c/o 120 Wells Avenue,Newton, MA 02459
<br /> ("Willowbend"); (ii) the Trustees of Willowbend Community Trust under
<br /> Declaration of Trust of the Wfow�bend Community Trust,dated November 15, 19,93
<br /> and recorded with said Deeds in Book 8906,Page 100 as amended of record and having
<br /> an address at 130 Willowbend Drive, Mashpee,MA 02649 (the"Trustees"); and(iii)
<br /> The Town of Mashpee,a Massachusetts municipal corporation with an address of 16
<br /> ASnat Neck Road,Mashpce,MA-02649,ohe"Town"). Willowbend-and the Trustees are
<br /> hereafter sometimes referred to collectively as the"Willowbend Parties").
<br /> Whereas,the Trustees are the fee owners of that certain parcel of land located
<br /> north and south of Quinaquisset Avenue in Mashpee,Mass,which premises are shown as
<br /> parcel 69-117-000(the"Golf Course Parcel")on a pian entitled"Easement flan of Land,
<br /> Quinaquisset Avenue,Mashpee, MA,prepared for Tighe and Bond, Inc., dated June 8,
<br /> 2016 (the"Easement Plan") a copy of which plan is recorded herewith,said Trustees
<br /> having acquired the Golf Course Parcel from.Willowhend-m accordance with the terms
<br /> of a deed dated May 13,2015 and recorded with said Deeds at Book 28877, Page 139.
<br /> Whereas,Willowbend is the current tenant in possession and the Trustees are the
<br /> current lessor of said Golf Course Parcel pursuant to the terms of a certain Ground Lease
<br /> originally entered into by and between Willowbend Country Club,Lac. (Ma Willowbend
<br /> Development Carp.) as ground lessor, and Willowbend Golf Corp. as ground lessee, .
<br /> dated November.15, 1993,notice of which is recorded with said Deeds in Book 8906,
<br /> Page 92,as amended of record to date.(the"Ground Lease");
<br /> Whereas,the Town owns and controls, as•a public way,the roadway known as
<br /> Quinaquisset Avenue as shown on the Easement Plan;
<br /> Whereas,the Town wishes to make certain improvements to Quinaquisset
<br /> Avenue, including the relocation and improvement of a culvert which runs beneath the
<br /> road and which allows upstream water from the Golf Course Parcel to run beneath said
<br /> roadway}
<br /> Whereas,the Town has requested, and the Willowbend Parties have
<br /> agreed,to provide access to the Town in the area shown on the Easement Plan as"E1 -
<br /> Stormwater Easement for Headwall Maintenance and Access, 1831 sT' (the"Access
<br /> Easement Area")for purposes of constructing and maintaining a headwall and associated
<br /> improvements for the culvert to be installed beneath Quinaquisset Avenue;
<br /> Whereas,Willowbend has installed a golf course irrigation line and related
<br /> piping and wiring within the existing culvert run=g beneath Qumaquisset Avenue and
<br /> wishes to relocate same to the area shown as 'T-2,Irrigation and Telemetry W-rring
<br /> Easement 324 sT on the Easement Plan(the"Irrigation Line Easement Area");
<br />
|