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HomeMy WebLinkAboutMaster Deed84059 003541i r4,,;F 325 MASTER DEED OF FOREST ROAD CONDOMINILTti A Commercial Condominium RAYMOND C. CHASSE and EDWARD YOUNIS, Trustees of E & R REALTY TRUST, under Declaration of Trust dated July 16, 1982, and recorded in the Barnstable County E Registry of Deeds in Book 3539, Page 35, of 196 Old Townhouse Road, Yarmouth (South), Barnstable County, Massachusetts, hereinafter called "Declarants", being the sole owners of the land and buildings known as FOREST ROAD COID}- MINIUM, Yarmouth, Barnstable County, Massachusetts, described in Schedule A attached hereto and made a part hereof, hereby submit said land together witri the buildings, improvements and structures located thereon and all easements,' rights and appurtenances belonging thereto to the provisions of Chapter 183A of the General Laws of Massachusetts, as amended, and propose to create and do hereby create, with respect to said land, buildings, improvements, easements, rights and appurtenances, a condominium to be governed by and subject to the provisions of said Chapter, 183A, and to that end they hereby declare and pro- vide as follows: 1. NAME: The name of the condominium shall be FOREST ROAD CONDOYdNIUNI, thereafter referred to as Condominium. 2. PREM:ISES: The premises that constitute the Condominium are set fora-_ r in Schedule A attached hereto and have the benefit of, as the case may be, the ji easements, encumbrances, restrictions and appurtenant rights as referred to and ias set forth and contained in this Master Deed and the Schedules attached I� i E� I� i hereto, BOOK541i P!(GE 326 3. DESCRIPTION OF BUILDINGS: There is one (1) one-story building con- taining Units A through H. r The building is steel frame construction with a Poured concrete slab. The roof is metal. The units are heated and cooled by electric heat pumps. E; stories. 4. DESCRIPTION OF UNITS: The designation of each unit together with a statement of its locations, approximate area and intediate common area to which it has access and any other data necessary for its proper identification and; i other descriptive specifications thereof are set forth in Schedule B attachedl hereto and made a part hereof. The boundaries of the units with respect to the floors, ceilings,; walls, doors and windows are: A. Floors: The upper surface of the subflooring or, in connection with units having a concrete floor, the unfinished upper surface. thereof. B. Ceilings: The unfinished lower surface of metal roof. I C. Interior Building Walls Between Units: The unfinished surface of the building studs. D. Exterior Building Walls, Doors and _Windows: As to walls, the unfinished interior surface thereof; as to doors, the unfinished I� exterior surface of the doors; and as to windows, the exterior surface of the glass and the unfinished exterior of the window frames. I i 5. DESCRIPTION OF THE COMR)N AREAS AND FACILITIES: The common areas and i jfacilities of the Condominium ("Common Elements") consist of the entire preen-- �ises including all parts of the building and improvements thereon, other than -- 2 - I' I. aaok5411 P!rE 327 E' i the units, and include, without limitations, the following: A. Such areas and items listed as such in Section 1 of said Chapter 183A and all areas and facilities of the Condominium as are not within a unit of the Condominium. i B. The land on which the building is erected. C. The foundation, structural colunns, girders, beams, supports; those portions of the exterior walls of the building beyond the exposed face of the drywall on the unit side of such walls; those portions of all walls which enclose units and divide them from corridors, stairs, and other common areas) and located beyond the unfinished surface of the unit side of such walls; those portions of the walls located between the units within the unfinished faces of, such walls on either side thereon; the concrete floors; those portions of the: ceilings of units beyond the ex � y posed face of the dropped ceilings to the exte-' rior surface of the roof shingles. D. All conduits, ducts, pipes, plumbing, wiring, flues and other facilities for the furnishing of utility services, including, but not limited to, power, light, telephone and water, which are contained in portions of the buildings contributing to the structure or support thereof, and all such facil- ities contained within any unit which serve parts of the Condominium other than the unit within which such facilities are contained. E. All walks, lawns, fences, railings, utility roams, stairways, halls, corridors, steps, lighting fixtures, plants, parking areas and other im- proved or unimproved areas not within the units. F. All drainage pipes and waste disposal systems. - 3 - BOOK5411 328 G. All other apparatus and installations in the building intended for common use or necessary or convenient to the existence, maintenance or safety of the building. The camton areas and facilities shall be subject to the provisions of the By-laws of the FOREST ROAD CONDOMINIUM ASSOCIATION, hereafter referred to, as "By-laws", and to rules and regulations which may be promulgated pursuant' !' thereto with respect to the use and maintenance thereof. I 6. PROPORTIONATE INTEREST OF UNITS TO COMMON AREAS: Schedule C attached' H hereto and made a part hereof gives the percentage interest of each unit in the! common areas and facilities of the Condominium, which percentage was computed, as required by the provisions of said Chapter 183A. 7. FLOOR PLANS: There is recorded herewith a set of the floor plans of the building showing the layout, location, unit numbers and dimensions of the units, stating the name of the building, and bearing the verified statement of a registered k&xl-su or, certifying that the plans fully and accurately. depict the layout, location, unit numbers and dimensions of the units as: built. 8. USE OF UNITS: A. The building and each of the units are intended to be used sole ly for the maintenance of business uses as now or hereafter permitted in a Business District under the Town of Yarmouth Zoning Sy -laws, and purposes' which, in the case of the unit owner or occupant, are incidental to the main tenance of such uses and in accordance with the restrictions herein and in the �BY-laws of FOREST ROAD CONDOMINIUM ASSOCIATION; further provided, however, that. - 4 - 329 i` all units owned by Declarants may be used by the Declarants until all of the units have been sold by the Declarants as models for display for purposes of sale or leasing of units. i' B. No unit is designed for, nor may it be used for, occupancy for residential purposes. C. The building and each of the units shall be used only for pur- ;poses which are consistent with and appropriate to the design of the buildirrg, and for which adequate stair, ventilation, plumbing and similar facilities exist, and each unit shall be used only for such purposes and to such extent as will not overload or interfere with any common areas and facilities or theE enjoyment thereof by the other unit owners and occupants. D. No owner or occupant of a unit shall do, or suffer or permit to be done, anything in any unit which would impair the soundness or safety of the building or any of the units therein, or commit or permit any violation of the; insurance policies taken out by the Board of Yonagers of FOREST ROAD CONDO- MINIUM ASSOCIATION, hereinafter referred to as "Board", or do or permit any- thing to be done, or keep or permit anything to be kept, or permit any condi- tion to exist which would result in the increase in the insurance rate or pre- mium, unless, in the case of such increase, the unit owner responsible for such increase, or the unit owner whose tenant or occupant is responsible for such increase, shall pay the sarrie. The amount of such increased rate or premium which shall be due the Board may, without prejudice to any other remedy of said Board, be enforced by assessing the same to the particular unit and its owner, in accordance with the By-laws. - 5 - BwMli ?!Gf 330 j E. No owner or occupant of a unit shall do, suffer or permit to be i :done anything in any unit or the common areas and facilities of the Condominium) i ;which would be noxious or offensive or in interference with the peaceful i possession and proper use of other units, or which would require any alteration] of or addition to any of the common elements to be in compliance with any !applicable law or regulation, or which would otherwise be in violation of law. F. No owner of a unit shall, without the written approval and con- sent of the Board, place or suffer to be placed or maintained (i) on any exte- rior door, wall or window of the unit, or upon any door, wall or window of the common elements, any sign, awning or canopy, addition or advertising matter or other thing of any kind, or (ii) any decoration, lettering or advertising matter within the unit which shall be visible from the exterior thereof; provi- ded that the Board shall establish reasonable and uniform regulations permit- ting the placement and maintenance by each owner of indentifying signs and, insignia of such sizes and materials and in such locations as shall be archi-1 'tecturally suitable and appropriate to the design and function of the Condo- minium. G. No animals of any kind, including birds, reptiles and ordinary household pets, shall be kept or permitted in any unit or the common areas and facilities. i H. The Board of Managers shall from time to time designate parking areas for each unit, including areas for employees, guests and customers of unit owners and/or occupants. Overnight parking during snow season and over- i night parking generally shall be regulated and as directed by the Board of 11 I 6 _ OOOK541i me 331 j� Managers. i� I. No outside parking or storage of junk cars, boats, motor homes !: or other vehicles other than registered permitted vehicles, and no continuous t parking of vehicles for advertising purposes. J. No trash shall be kept in a common area other than in a dumpster i i or other area designated by the Board of Managers. K. No outside storage of any kind. L. No outside or visible antennas, wires, air conditioners, or,: i other apparatus shall be permitted without written permission of the Board of� Managers. j M. No improperly stored material shall be permitted and all fire' and Board of Health rules concerning storage shall be strictly complied with. N. All visible (from exterior) material, including, but not limited to, shades, drapes, venetian blinds and other matters, if permitted, shall bel approved by the Board of Managers to provide a uniform exterior appearance. j O. No unit shall be leased without the prior written approval off Ithe Board of Managers, who shall have the right to deny permission to lease ifj f they feel that the proposed use would be detrimental to the other units, except; that no lease shall be denied by the Board of Managers on account of racer creed, color, sex or national origin; said permission to lease shall not be unreasonably withheld or delayed on account of race, creed, color, sex orl i national origin; and written notice of the Board of Managers' decision shall be I given within thirty (30) days of receipt of said request to lease. 9. AM© DMENr OF MASTER DEED: This Master Deed may be amended by an in- j 7 BOOK541i P!cF 332 s strument in writing (i) signed by the owners of units entitled to eighty (80%): percent or more of the undivided interest in the common areas and facilities, and (ii) signed and acknowledged by a majority of the Board, and (iii) duly recorded with the Barnstable County Registry of Deeds; provided, however, that:: ii I; !(a) No instrtanent of amendment which alters the dimensions of any unit shall be of any force or effect unless the same has been signed by the owners of the i l unit so altered; (b) No instrument of amendment which alters the dimensions of i Zany unit shall be of any force or effect unless the same has been signed by the' owners of the unit so altered; (b) No instrument of amendment which alters the i percentage of the undivided interest to which any unit is entitled in the com- monareas and facilities shall be of any force or effect unless the same hasj been signed by the owners of all of the units; (c) No instrument of amendment) affecting any unit in a manner which impairs the security of a first mortgage) of record thereon shall be of any force or effect unless the same has been' assented to by such holder; (d) This Master Deed may be amended at any time for' the purpose of making corrections; and (e) No instrument of amendment which alters this Master Deed in any manner which would render it contrary to orj inconsistent with any requirements or provisions of said Chapter 183A of the! General Laws of Massachusetts shall be of any force and effect. 10. CONDOMINIUM ASSOCIATION -- NAME AND BY-LAWS: The organization through which the unit owners will manage and regulate the Condominium established' hereby is an unincorporated association known as FOREST ROAD CONDOMINIUM ASSO- CIATION. Said Association has been formed and has enacted By-laws pursuant tol i said Chapter 183A which are recorded herewith. i 8 _ BooxMlt N.rF 333 i i j All unit owners in FOREST ROAD CONDOMINIUM shall be members of the Association of unit owners and such owners shall have an interest in proportion to the percentage of undivided interest in the common areas and facilities to which they are entitled hereunder. The names and addresses of the original and present Board of Managers thereof are as follows: Raymond C. Chasse 207 Midpine Road Cumnaquid, Massachusetts 02637 Edward Younis 18 Holiday Lane West Hyannisport, Massachusetts 02672 11. ENCROACHb'f WrS: If any portion of the common elements now encroaches upon any other unit or upon any portion of the common elements, or if any such encroachment shall occur hereafter as a result of settling of the buildings or alteration or repair to the common elements made by or with the consent of the Board, or as a result of repair or restoration of the buildings or a unit) thereof after damage by fire or other casualty, or as a result of condemnation proceedings, each unit owner shall have the benefit of and be subject to a valid easement which shall exist for such encroachment and for the maintenance of the same so long as the building stands. 12. UTILITIES AND COMMON ELEMENTS: Each unit owner shall have an ease- ment appurtenant to his unit in common with the owners of all other units to use all common facilities and elements located in any of the other units or: elsewhere in the premises and serving his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the common facili ties and elements serving the other units and located in such unit or elsewhere E 9 _ BOO�5411334 .,in the premises. The Board shall have a right to access to each unit to inspect the same to remove violations therefrom, to correct violations of this Master Deed and the By-laws, and to maintain, repair or replace the common el e- :ments contained therein or elsewhere in the buildinj. 13. UNITS SUBJECT TO MASTER DFM, UNIT DEED, BY -LAMS AMID RULES AND i REGULATIONS: All present and future owners, tenants, visitors, ser-` Jvants and occupants of units shall be subject to and shall comply with the pro- ivision of this Master Deed, the Unit Deed, the By-laws and the Rules and Regu-, �lations, as they may be amended from time to time. The acceptance of a deed or; 'conveyance or the entering into occupancy of any unit shall constitute an agreement that (a) the provisions of this Master Deed, the Unit Deed, the By- laws, and the Rules and Regulations as they may be amended from time to time are accepted and ratified by such owner, tenant, visitor, servant or occupant, and all such provisions shall be deemed and taken to be covenants running withI; the land and shall bind any person having at any time any interest or estate in, such unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof, and (b) a violation of they provisions of this Master Deed, the Unit Deed, By-laws or Rules and Regulations' by any such person shall be deemed a substantial violation of the duties of the: Condominium unit owner. 14. EASEMENTS: To the extent permitted by law, the Board may grant ease- ments and relocate easements for the installation of utilities, improverients of the Condominium and similar purposes. No easement hereafter granted or relo- cated shall affect or impair the rights of existing mortgagees who have not 10 i I� ao Mii f E 335 consented to the same in writing. The Board may modify or relocate the access I! and entrance ways to the Condomninium land or buildings from time to time, sub- ject to the adjustments as would be required for the control and maintenance of the ccrmon areas, and subject to the ordinances and zoning regulations of the municipal authorities having jurisdiction thereof, and subject to the interest, and consents of any mortgagees. 15. CAPTIONS: The captions herein are inserted only as a matter of con I venience and in no way define or limit the scope of this Piaster Deed or the, 4 intent of any provisions hereof. 16. INVALIDITY: This Master Deed is set forth to comply with the re-' quirements of Massachusetts General Law, Chapter 183A. The invalidity of any provisions of this Master Deed because of conflict with said Chapter or other- wise shall not be deemed to impair or affect in any manner the validity,) enforceability or effect of the remainder of this Master Deed and, in such event, all of the other provisions of this master Deed shall continue in full; I force and effect as if such invalid provision had never been included herein. I 18. WAIVER: No provisions contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same,; I irrespective of the number of violations or breaches which may occur. WITNESS our hands and seals this day of ��a"� , 1986. Rayino7x3 C. s , rustee Edward Youn' , ustee COMMONWEALTH OF MASSACHUSE TS i Barnstable, ss. 1986 Then personally appeared the above named Raymond` C.� Chasse and acknowl- edged the foregoing instrument to be his free acts and dee as Trustee, beforei me E irt Notary/yul4is `- 7;4+ " My C fission expiresi i - 12 - BOOK5411P�,rE 337 SCHEDULE A ! I PARCEL ONE LOT 177 as shown on a plan of .land entitled "Subdivision Plan of Land in West Yarmouth, Mass. for James F. Ruhan Et Ali Scale 1" = 100' March, 1968, Barnstable Survey Consultants, Inc. 608 Main Street, West Yarmouth, Mass.", Vnich said plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 220, Paqe 149_ Ba0K54Jt P GE 338 PARCEL, TWO PARCEL, "B" as shown on a plan of land entitled "Plan of Land in Yarmouth, Massachusetts prepared for Raymond Chasse Scale: 1" = 30' Date: November, 1985 Michael E. Ziobro, P.E., Inc. Box 101, Swansea, Massacl'Irisetts", which said plan! is duly recorded in the Barnstable County Registry of Deeds in Plan Book 408,j Page 44. The above described premises are also shown as a portion of "Area = 68,612I'I sq. ft." on a plan of land entitled "Rescission Plan of Land in West Yarmouth,i Massachusetts for Raymond C. Chasse Scale 1" = 40' April 16, 1982 R. J. O'Hearn, Inc. Route 134, East Dennis, Mass.", duly recorded in the Barnstable) County Registry of Deeds in Plan Book 387, Page 35. i The above described premises are also shown as LOTS 172, 174, 176, a rtion of LOT 173 and the Fee in Wheaton Path as shown on a plan of land; entitled "Subdivision Plan of Land in West Yarmouth, Mass. .for James F. Ruhan; Et Ali Scale 1" = 100' March, 1968, Barnstable Survey Consultants, Inc. 608 Main street, West Yarmouth, Mass.", which said plan is duly recorded in the Barnstable County Registry of Deeds in Plan Book 220, Page 149. The above described premises are conveyed subject to an easernt-nt to Cape & Vineyard Electric Company et al dated June 25, 1968 and recorded in the Barn- stable County Registry of Deeds in Book 1405, Page 679. The above described premises are also conveyed subject to an easement to Cape Cod Gas Company dated July 11, 1974 and recorded in the Barnstable County Registry of Deeds in Book 2071, Page 296. The above described PARCELS 1 and 2 are conveyed subject to and together with the benefit of all rights, reservations and easements set out or referred to in deeds recorded with the Barnstable County Registry of Deeds in Book 1608, Page 320, Book 4307, Page 327, Hook 3438, Page 56, and Book 3438, Page 319. H0K54ff !-%'E 339 SCHEDULE B FOREST ROAD CONDOMINIUM UNIT APPROXIMATE NUMBER OF DESIGNATION --- -AREA - - ...... ROOMS A 1900 ft. One B 1924 ft. One C 1916 ft. One D 1932 ft. One E 1922 ft. One F 1910 ft. One G 1692 ft. One H 1947 ft. One IMMEDIATE COMMON AREAS TO WHICH UNIT HAS ACCESS Walkway, parking area ! and grounds Walkway, parking area and grounds Walkway, parking area and grounds Walkway, parking area and grounds Walkway, parking area and grounds ; Walkway, parking area and grounds Walkway, parking area and grounds Walkway, parking area and grounds sly aouAif P rE 340 EXHIBIT C FOREST ROAD CONDOMINIUM Unit Percent of Undivided Interest De s is nat ion _ in Conuton Areas and Facilities _ A 12.50 B 12.50 C 12.50 D 12.50 E 12.50 F 12.50 G 12.50 B 12.50 PFIMU, rn hini1, n ".