DOCUMENT GRANTING THE TOWN OF HARWICH THE RIGHT TO CROSS PRIVATE PROPERTY FOR MAINTENANCE OF A FISH LADDER AT HINKLEY’S POND DAM

GRANT OF EASEMENTS

Modern Continental Enterprises, Inc., a Massachusetts corporation with an address at 600 Memorial Drive, Cambridge. Massachusetts 02139 does hereby grant with Quitclaim Covenants to the Town of 1-larwich, a municipal corporation with an address at Town Hall, Harwich, Massachusetts for consideration of One Dollar ($1.00) the following easement rights:

The right and casement to use the subdivision road known as Edith Grove as shown on a plan entitled Modification of Pleasant Grove Subdivision in Harwich, Massachusetts. Lot Layout scale 1”=40’ dated April 10, 1996 as revised (the “Plan”) and recorded with Barnstable Registry of Deeds in Plan Book 527, Page 27 and the 20’ Wide Access Easement shown on a plan entitled Reconfiguration of Access Easement across Lot Numbers 7 and 8, Subdivision of Pleasant Grove, Harwich, Mass. Dated April 22, 1997 s revised and recorded with Barnstable Registry of Deeds herewith for the purpose of ingress a egress by foot and by motor vehicle, to the Herring River and Hinckley’s Pond and the fish ladder located in the Herring River for the purpose of inspecting, repairing, replacing and maintaining the fish ladder and for the purpose at any time of adjusting the fish ladder as necessary for agricultural use in connection with cranberry bogs.

The rights granted herein shall commence upon the recording of this document, but shall be exercised in a manner that does not interfere with the construction of the subdivision road and installation of utilities by Grantor at the Edith Grove Road subdivision.

All users of the easements granted herein shall do so at their own risk and agree to hold harmless the owners of the land on which the easements are located and their mortgagees. In addition, the owner(s) of the land on which the easements granted herein are located shall have the benefits and protections afforded by M.G.L. Chapter 21, Section 1 7C.

Grantor reserves the unilateral right to relocate a portion of the 20’ Wide Access Easement to another location on Lot 7 so long as such relocated easement area (i) continues to provide access to the fish ladder and (ii) is documented by an instrument executed by Grantor, recorded with Barnstable Registry of Deeds and accompanied by a plan showing the relocated location of the Easement on Lot 7.

The area within the 20’ Wide Access Easement shall not be paved and the Town of Harwich shall have the right, but not the obligation, to maintain the 20’ Wide Access Easement. The Town shall have no liability for the failure to maintain the 20’ Wide Access Easement area and all users of said area do so at their own risk. -

For Grantor’s title, see deed dated April 1, 1996,and recorded with Barnstable Registry of Deeds in Book 10133, Page 27.