HomeMy WebLinkAbout1648H Covenant RECORDEDBk 20094 P S85 051=537
07--27--2005 ai 10 = 28a
FORM F
PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
COVENANT
Ref. No. 1648H
July 28, 2005
The undersigned, David H. Swift, hereafter called the "Covenantor," having submitted to
the Planning Board of the Town of Yarmouth a definitive plan of a subdivision entitled
"DEFINITIVE PLAN OF LAND IN YARMOUTH PORT, MA PREPARED FOR DAVID SWIFT", prepared
by Arne H. Ojala, RPLS, of Down Cape Engineering, and dated May 03, 2005, 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 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 July 28, 2005, 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;
4. 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 eight (8) years from the date of definitive plan approval. Failure to
so complete shall automatically rescind approval of the plan;
5. 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;
6. This covenant shall take effect upon the approval of said plan by the Planning
Board, and;
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Covenant, Ref. No. 1648H
Bk 20090 Pg 86 #51537
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7. Reference to this covenant shall be entered upon said plan and this covenant
shall be recorded when said plan is recorded.
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Witness my hand and seal this ? P6 day of u c , 2005.
by:
David H. Swift
Commonwealth of Massachusetts
County r
On this '?- day of KIK I , 2005, before me, the undersigned notary
public, personally appeared DavidM. Swift, prove to me through satisfactory
evidence of identification, which was _ r�cr�u (I n�ule� WLR , to be
the person whose name is signed on the preceding document, and acknowledged
that he signed it voluntarily for its stated purpose.
My commission expires:
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