HomeMy WebLinkAboutRecorded Deed Restriction • B 314-12 P -76 34-91?
07-19-2018 a 09 ct
JUL .19 2018
HEALTH DE.:-T.
G' "' i " 5 BEDROOM COUNT DEED RESTRICTION
This Grant of Title 5 Bedroom Count Deed Restriction is made as of this f to day of
July,2018,by Tia Decoito Johnston, a/k/a Tia Decoito and Kevin P. Johnston("Grantors"),of
Yarmouth Port, Barnstable County,Massachusetts,pursuant to M.G.L. c. 21A, §13 and 310
CMR 15.000 (collectively, "Title 5").
WITNES SETH
WHEREAS, Grantors,being the owners in fee simple of that certain parcel of land
N located in Yarmouth Port,Barnstable County, Massachusetts,with the buildings and
c improvements thereon,pursuant to a deed from Tia Decoito Johnston a/k/a Tia Decoito Johnson
to Grantors, dated June 27,2013 and recorded with Barnstable County Registry of Deeds in
es Book 27508 Page 116, said parcel of land being more particularly bounded and described in said
p°., deed, and being shown as Lot 3 on a plan of land entitled,"Subdivision Plan of Land in
Yarmouth, Mass. For Jack V. &Patricia J. Drake. Scale 1"= 100',May 1966, Scott Associates,
o Surveyors, South Dennis,Mass., Cape Cod,"and which said plan is recorded with Barnstable
County Registry of Deeds as Plan No. 205 in Plan Book 71 ("Property"); and
i°' WHEREAS, Grantors desire to restrict the number of bedrooms, as the term bedroom is
defined at 310 CMR 15.002 ("Bedroom"),through the granting of this Title 5 Bedroom Count
r) Deed Restriction;
NOW,THEREFORE, Grantors do hereby GRANT to the Town of Yarmouth of
Barnstable County,Massachusetts,a municipal corporation located in Barnstable County,having
a mailing address of 1146 Route 28, South Yarmouth,Massachusetts 02664, and acting by and
through its Board of Health("Local Approving Authority"), for nominal and non-monetary
consideration,the sufficiency and receipt of which are hereby acknowledged,with QUITCLAIM
COVENANTS, a TITLE 5 BEDROOM COUNT DEED RESTRICTION("Restriction")in, on,
upon,through,over and under the Property.
Said Restriction operates to restrict the Property as follows:
1. Restriction. Grantors hereby restrict the total number of Bedrooms in, on,upon,
through, over and under the Property to two (2) Bedrooms, such that at no time shall
there exist more than two (2)Bedrooms in, on,upon,through, over and under said
Property.
2. Severability. Grantors hereby agree that, in the event that a court or other tribunal
determines that any provision of this instrument is invalid or unenforceable:
(i) That such provision shall be deemed automatically modified to conform to the
requirements for validity and enforceability as determined by such court or tribunal;
or
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(ii) That any such provision,by its nature, cannot be so modified, shall be deemed
deleted from this instrument as though it had never been included herein.
In either case,the remaining provisions of this instrument shall remain in full force and
effect.
3. Enforcement. Grantors expressly acknowledge that a violation of the terms of this
Restriction could result in the following:
(i) upon determination by a court of competent jurisdiction,in the issuance of criminal
and civil penalties,and/or equitable remedies, including,but not limited to,injunctive
relief, such injunctive relief could include the issuance of an order to modify or
remove any improvements constructed upon the Property in violation of the terms of
this Restriction; and
(ii) in the initiation of an enforcement action and/or assessment of penalties by the Local
Approving Authority and/or the Massachusetts Department of Environmental
Protection, a duly constituted agency with a principal office located at One Winter
Street, Boston,MA 02108 (DEP),to enforce the terms of this Restriction pursuant to
Title 5; M.G.L. c.111, §§ 2C, 17, 31, 122, 123, 125, 127A-O, inclusive, and 129; and
M.G.L c. 83, §11.
4. Provisions to Run with the Land. The rights, liabilities, agreements and obligations
created under this Restriction shall run with the Property and any portion thereof for the
term of this Restriction. Grantors hereby covenant for herself and her executors,
administrators,heirs, successors and assigns,to stand seized and to hold title to the
Property and any portion thereof subject to this Restriction.
The rights granted to the Local Approving Authority, its successors and assigns, do not
provide,however,that a violation of this Restriction shall result in a forfeiture or
reversion of Grantors' title to the Property.
5. Concurrence Presumed. It is agreed that:
(i) Grantors and all parties claiming by,through, or under Grantors agree to and shall be
subject to the provisions of this Restriction; and
(ii) Grantors and all parties claiming by,through,or under Grantors, and their respective
agents,contractors, sub-contractors and employees, agree that the Restriction herein
established shall be adhered to and shall not be violated, and that their respective
interests in the Property shall be subject to the provisions herein set forth.
6. Incorporation into Deeds,Mortgages, Leases, and Instruments of.Transfer. Grantors
hereby agree to incorporate this Restriction, in full or by reference, into all deeds,
easements,mortgages, leases,licenses, occupancy agreements or any other instrument of
transfer by which an interest and/or a right to use the Property, or any portion thereof, is
conveyed.
7. Recordation. Grantors shall record and/or register this Restriction with the appropriate
Registry of Deeds and/or Land Registration Office within 30 days of receiving the
approved Restriction from the Local Approving Authority. Grantors shall file with the
Local Approving Authority and the DEP a certified Registry copy of this Restriction as
recorded and/or registered within 30 days of its date of recordation and/or registration.
8. Amendment and Release. This Restriction may be amended only upon the approval and
acceptance of such amendment by the Local Approving Authority. Release of this
Restriction shall be granted by the Local Approving Authority upon(i) Grantors'request
of such release; and(ii)the Property being connected to a municipal sewer system and
the septic system serving the Property being abandoned in accordance with 310 CMR
15.354. Any such amendment or release shall be recorded and/or registered with the
appropriate Registry of Deeds and/or Land Registration Office and a certified Registry
copy of said amendment or release shall be filed with the Local Approving Authority and
the DEP within 30 days of its date of recordation and/or registration.
9. Term. This Restriction shall run in perpetuity and is intended to conform to M.G.L.
c.184, §26, as amended.
10. Rights Reserved. This Restriction is granted to the Local Approving Authority. It is
expressly agreed that acceptance of this Restriction by the Local Approving Authority
shall not operate to bar, diminish, or in any way affect any legal or equitable right of the
Local Approving Authority or of DEP to issue any future order with respect to the
Property or in any way affect any other claim,action, suit, cause of action, or demand
which the Local Approving Authority or DEP may have with respect thereto. Nor shall
acceptance of the Restriction serve to impose any obligations, liabilities, or any other
duties upon the Local Approving Authority.
11. Effective Date. This Restriction shall become effective upon its recordation and/or
registration with the appropriate Registry of Deeds and/or Land Registration Office.
SIGNATURE PAGE IMMEDIATELY FOLLOWS
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WITNESS the execution hereof under seal this
I8 t`day ofJuly, 2018.
„NI(L) r .... I ,A. - „
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Grantor Tia Decoito Jo ' ston
rantor K I P. Johnston
COMMONWEALTH OF MASSACHUSETTS
Barnstable,ss July le , 2018
Then personally appeared the above-named Tia Decoito Johnston and Kevin P. Johnston
and acknowledged the foregoing instrument to be her free act and deed before me.
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Approved and Accepted By:
Date: 7-1 �Z2
Lo Approving Authority
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register