HomeMy WebLinkAbout2936c Def Sub Davenport COVENANT RECORDEDBk 35682 Pg294 #10198
03-16-2023 @ 10:04a
FORM F
PLANNING BOARD
TOWN OF YARMOUTH, MASSACHUSETTS
COVENANT'
Ref. No. 2936C
February 28, 2023
The undersigned, Christian Davenport of The Davenport Companies, hereafter called the
"Covenantor," having submitted to the Planning Board of the Town of Yarmouth a definitive
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plan of a subdivision entitled"DEFINITIVE SUBDIVISION PLAN OF LAND OF THE PROPOSED
'S
SINGLE-FAMILY CLUSTER DEVELOPMENT AT LOT 2, ROUTE 6A, YARMOUTH PORT, MA
;.> FOR THE DAVENPORT COMPANIES", prepared by John M. O'Reilly, P.L.S., of J.M. O'Reilly
----& Associates, 1573 Main Street, Brewster, MA 02631 and dated January 11, 2023, and
tj,m° amended on February 3, 2023 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;
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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
r-s in title to the premises shown on said plan;
3. The utilities and roadway shall be constructed as shown on the DEFINITIVE SITE
PLAN SET FOR MIRACLE WAY - FAITH ROAD SUBDIVISION, prepared for The
T Davenport Companies by J.M. O'Reilly & Associates, dated January 11, 2023.
i 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 February
28, 2023, 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 tot shall be built upon until such ways and services have
been provided to serve such lot;
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 eight (8) years from the date of definitive plan approval. Failure to so
complete shall automatically rescind approval of the plan;
Bk 35682 Pg295 #10198
Covenant, Ref. No. 2936C
Form F, Page 2 of 2
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 ;r
day of :r
, 2023.
by: -
Christian Davenport, The Davenport Companies
Commonwealth of Massachusetts
Barnstable County
On this day of ',c , 2023, before me, the undersigned notary
public, personally appeared Christian Davenport, proved to me through satisfactory
evidence of identification, which was �_-. i `• r-, ; - _, to be the
person whose name is signed on the preceding document, and acknowledged that he
signed it voluntarily for its stated purpose.
( Not0ry Public
Print Name
My commission expires: CL';';.
JOHN F. MEADE, REGISTER
BARNSTABLE COUNTY REGISTRY OF DEEDS]
RECEIVED & RECORDED ELECTRONICALLY