HomeMy WebLinkAbout63 Thacher Shore Covenant RECORDED„.. _ s...
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TOWN OF YARMOUTH, MASSACHUSETTS
COVENANT
Ref. No. 1648H — Modification #1
September 7, 2017
The undersigned, Brian Basler, hereafter called the "Covenantor," having submitted to
the Planning Board of the Town of Yarmouth a definitive plan of a subdivision entitled
"DEFINITIVE SUBDIVISION PLAN OF LAND IN YARMOUTH PORT, MA PREPARED FOR
DAVID SWIFT", prepared by Daniel A. Ojala, P.L.S., of Down Cape Engineering,
Yarmouth Port, MA 02675, and dated May 5, 2017, and amended on June 21, 2017 to
reflect waivers and conditions imposed by the Planning Board, does hereby covenant
and agree with said Planning Board and the successors in office of said Board pursuant
to G.L. (Ter. Ed.) Chapter 41, Section 81-U as amended, that:
1. The covenantor is the owner of record of the premises;
2. This covenant shall run with the land and be binding upon the covenantor and
the executor, administrators, heirs and assigns of the covenantor and their
successors in title to the premises shown on said plan;
3. The utilities and roadway shall be constructed as shown on plans prepared by
Down Cape Engineering of Yarmouth Port, MA and entitled "PROFILE PLAN
FOR DEFINITIVE SUBDIVISION PLAN OF LAND IN YARMOUTH PORT, MA",
dated May 3, 2005, and revised July 5, 2005 and May 5, 2017; and a plan
entitled "DETAIL SHEET TO ACCOMPANY PROFILE PLAN FOR DEFINITIVE
SUBDIVISION PLAN OF LAND IN YARMOUTH PORT, MA", dated May 3, 2005,
and revised July 5, 2005 and May 5, 2017. Both plans may amended to
coordinate location of watermain, meter pit, gas main and other utilities. Any
revised or amended plans shall be submitted to the Yarmouth Planning
Department for approval prior to start of construction.
4. The construction of ways and the 'installation of municipal services shall be
provided to serve any lot in accordance with the rules and regulations of said
Board, as modified and amended by the agreement made by the covenantor
dated September 7, 2017, before any such lot may be built upon or conveyed,
other than by mortgage deed provided that a mortgagee who acquires title to the
mortgaged premises by foreclosure or otherwise and any succeeding owner of
the mortgaged premises or part thereof may sell any such lot subject to that
portion of this covenant which provides that no lot shall be built upon until such
ways and services have been provided to serve such lot;
Covenant, Ref. No. 1648H — Mod. #1 Form F, Page 2 of 2
5. The construction of all ways and the installation of all municipal services, shall be
completed in accordance with all applicable rules and regulations of the Planning
Board within four (4) years from the date of definitive plan approval. Failure to so
complete shall automatically rescind approval of the plan;
6. Nothing herein shall be deemed to prohibit a conveyance by a single deed
subject to this covenant, of either the entire parcel of land shown on said
subdivision plan or of all lots not previously released by the Planning Board;
7. This covenant shall take effect upon the approval of said plan by the Planning
Board, and;
8. Reference to this covenant shall be entered upon said plan and this covenant
shall be recorded when said plan is recorded.
Witness my hand and seal this 12-' day of -5'6F" �4a 2017.
by:
Brian Basler
Commonwealth of Massachusetts
County of Barnstable
On this �2 day of 5 a ` e, , 2017, before me, the undersigned notary
public, personally appeared Brian Basler, proved to me through satisfactory evidence
of identification, which was *--POw tJ -m
to be the
person whose name is signed on the preceding document, and acknowledged that
he signed it vo qiu oarily or ' s d purpose.
Print Name: ®r 1,
My commission expires
—72- 4S ,- m'2-
RNST BLE REGISTRY OF DEEDS
Jahn F. Meade, Regster