Loading...
HomeMy WebLinkAbout4958 123 Standish Way Sea Pearl Condominium Master Deed SEA PEARL CONDOMINIUM MASTER DEED CHRISTOPHER DOUGLASS and MARIA DOUGLASS, of 123 Standish Way, West Yarmouth, Massachusetts 02673 and MIKE MASCIARI, of 3 Hilltop Road, Watertown, Massachusetts, (hereinafter referred to as the "Declarant" and/or "Seller"), being the sole owners of the land at 123 Standish Way, West Yarmouth, Massachusetts 02673, described in Paragraph 1 below, do hereby, by duly executing and recording this Master Deed, submit said land, together with the buildings and improvements erected there and all easements, rights and appurtenances belonging thereto (hereinafter referred t:, "` the "Condominium"), to the provisions of Chapter 183A of the General Laws of th onwealth of Massachusetts, and do hereby state that they propose to create, and e create, with respect thereto, a Condominium to be governed by and subject to the pro ions sF ' ' Chapter 183A. NIFF 1. Description of Land. .3 The land together with the buildings thereon, situated in Yarmouth(West), stable County, Commonwealth of Massachusetts, b ded and described as follows: BEGINNING at a stake at the interse % dish Way and Pilgrim Road and running in a Northwesterly direction 90 feet to a con0te1144 THENCE running in a Southwesterly direcijo 60 f Qncrete bound; na THENCE in a Southwesterly direction 90 feet ndish Way o a concrete bound; THENCE r " sE ! a Northeasterly direction 60 ' to the point of beginning. Being cif]_.° 39 as sho s a plan of land entitled"Colonial Acres on Lewis Bay, West Yarmo # a ass. Propert enneth A. Harvey, Trustee"dated March 1928 and filed with the Barnstable . ..} ty Registry10 eeds in Plan Book 36, Page 63. PROPERTY A ))r SS: 123 :l.'s dish Way, West Yarmouth, MA. 02673 a For title, see Deed in 'm 3 �g Page 70. The above describes 'remises are declared subject to and with the benefit of all rights, rights of way, easements, takings, Board of Appeals decisions, appurtenances, reservations and restrictions of record, insofar as the same are in force and applicable. 2. Description of Buildings There are two buildings (hereinafter referred to as "the Buildings") located on the land above described. In total, there is one (1) residential unit contained in each Building Page 1 of 13 Master Deed Sea Pearl Condominium it (collectively "Residential Units"). The Buildings are constructed primarily of wood, on pilings due to flood zone requirements, and are of 2 stories above that basement level, for a total of 3 levels. The Buildings are located at 123 Standish Way, West Yarmouth, Massachusetts 02673. 3. Description of Units. The designation of each Condominium unit (the "Units"), a statement of its location, approximate area, number of rooms, the immediate common area to which it has access, and its proportionate interest in the common areas and facilities, are set forth on Schedule A annexed hereto and made a part hereof. The boundaries of each of the Units (Units 123A and 123B) are as follows: The boundaries of the unit contained in h Building are the entire structure of the building, from and including the lower surface the horizontal plane of the lowest portion of the footing of each concrete piling and inc the top of the roof surface; and including the entire interior and exterior of the building (i 've of decks, patios, porches, stoops, garages, chimneys, steps and bulkhead), and any shed or sory 2411tilding which is accessory to the Unit. The Unit shall also include any subsurfaces e en, subsequently installed, if any, which exclusively services that particular Unit. Cu q , both Buildings are served by one subsurface septic system, which is capable of handling e nt equal to 6 bedrooms. The total current number of bedrooms between both Units is 6 bedroo " The owner of e ive unit shall have the exclusives °ht to use, occupy, maintain, and improve the are , gnats the Unit as "Exclusive Use Area" on the Site Plan recorded herewith, includinga� d all e for steps, bulkheads, porches, patios, docks, stoops, decks, �� � P � P , balconies, outside shove"3 the ective yards, lawns, gardens, roads, walkways, and the improvements of each tA thereof, and all other exterior structures, and the Condominium Land located the `r e Use Area" of each Unit. The "Exclusive Use Area" for each Unit shall be dens'` N on the 1 ', an. Each Unit Owner shall have an easement for any utility meter which may be a ". ed in an Exclusive Use Area, for purposes of inspection, repair, or replacement of same. ��"z. The owner of each Unit may not keep household pets, or other animals, in their Unit or on the Property in any manner. 4. Description of Common Areas and Facilities. The common areas and facilities of the Condominium (the "Common Elements") consist of the entire Condominium, excluding all parts of the Units, and include, without limitation, the following: (a) The land above described, together with the benefit of and subject to all rights, easements, restrictions and agreements of record, insofar as the same may be in force and applicable. Page 2 of 13 Master Deed Sea Pearl Condominium (b) Installations of central services in the common areas, such as power, light, gas, hot and cold water lines, heating, air conditioning, and waste disposal, including all equipment attendant thereto (but not including equipment contained within or servicing a single Unit and which is separately metered, which shall be considered part of that Unit it services). (c) All facilities contained within any Unit which serve parts of the Unit other than the Unit within which such facilities are contained. it. I (d) Any Title 5 Septic Sewage Disposal Syste I. .,0. uding all pipes, pumps, tanks, covers, and conduits up to the exterior of the Units, bu ).11 ;if serving more than 1 unit. The maintenance, upkeep, repair and replacement of eas,,, (� .;"`0t o (2) Title 5 Septic Sewage Disposal Systems on the property serving each in' dual ,0,.ing shall be the respective responsibility of the owners of Units 123A and 123B. 101, (e) Each of the Units (Owners) shall have a license for the e l sive use of parking spaces located under each Building, as described in the Unit Deeds an ,� 1 edule A annexed hereto, the location of which shall b s shown on the hereinafter reference tz, ' ominium Site Plan. (f) All retaining walls, bu ads '; .'fig lot, its asphalt and pavers, grassy areas, driveways, transformers, blowers, brick ks, $ systems and all other areas denoted on the Site Plan which are not part of the sub W ver, to the exclusive rights of each Unit Owner to use, maintain and replace th .les 1 ,Pated in their respective Exclusive Use Areas. -,'!, r area on the Condominium Site' n denoted as "Common Area". 1, i r ' Y fi t Such ade � al common areas and facilities as may be defined in Chapter 183A. . 5. l GT Plans and Si I P an Prior toy l "' recording ift, eof, there has been recorded with the Barnstable County Registry of Deeds of floe 't` ans of the Building, entitled, "Plan of Land Sea Pearl, 123A and 123B Standish -n armouth, Massachusetts (Barnstable County) Condominium Unit Plan, March 9, 202Tt , BSC Group, consisting of one (1) sheet and showing the layout, location, Unit numbers an dimensions of the Units, and stating the name of the Building, and bearing the verified statement of Kieran J. Healy, PLS, certifying that the plans fully and accurately depict the layout, location, Unit numbers and dimensions of the Units as built, and a Site Plan recorded in said Registry entitled "Plan of Land Sea Pearl, 123A and 123B Standish Way in W. Yarmouth, Massachusetts (Barnstable County) Condominium Site Plan, February 10, 2022", by BSC Group, consisting of one (1) sheet. The Floor Plans are recorded in Plan Book , Pages and the Site Plan is recorded in Plan Book , Page . Page 3 of 13 Master Deed Sea Pearl Condominium . li 6. Use of Building and Units. The Residential Units are intended only for and may be used only for year-round residential purposes, which shall include the rental of the unit to third parties. For further description of units and restrictions thereon see paragraph 3 above and Schedule A attached hereto. The units are currently used for residential purposes. No other use may be made of any Unit without the prior written consent of the Trustees of the Sea Pearl Condominium Trust, which trust is hereinafter described. The Units and the Co Elements may be used only for such residential purposes, and accessory uses as are co undertaken in connection with such purposes and are subject to rules and regulations a from time to time by the Trustees of the Sea Pearl Condominium Trust recorded herewit. { The Sea Pearl Condominium Trust and the condominium wners are, by acceptance of a unit deed for the condominium, subject to a Decision of the outh Zoning Board of Appeals dated , 2022 and recorded in the Barnstable Registry of Deeds in Book , Page Ai,7. Amendment of Master Dd '� '�." . Gh This Deed may be amended o ous vote of the beneficial interest of all Unit Owners, in person or by proxy at a mee dul" , accordance with the provisions of the Condominium Declaration of Trust; or in of a Any amendment may be approved in writing by 100% in beneficial interest of all h ' iE fit' l' 8. Name of Condominium. 4,11- itt 6.o.tvii. i tt s to be known as ,.-4,,• "Sea b'u, 1 Condominium". A trust through which the U ' � wners wil _ 6': t e and regulate the Condominium has been formed pursuant to said Chapte } . The name'. `E e trust is "Sea Pearl Condominium Trust". The name and mailing address o , .'nitial Truster a the Trust is: Christopher Douglass, of 123 Standish Way, West Yarmouth, husetts 02.14 The Declaration of Trust contains by-laws enacted pursuant to said Chapter 18 9. Determinati =6,,,, P c 6 ages es in Common Elements. ��� g a. The percentages of 'terest of the respective Units in the Common Elements have been determined upon the basis of the approximate relation which the fair value of each Unit on the date hereof bears to the aggregate fair value of all of the Units on this date. 10. Encroachments. If any portion of the Common Elements now encroaches upon any Unit, or if any Unit now encroaches upon any other Unit or upon any portion of the Common Elements, or if any Page 4 of 13 Master Deed Sea Pearl Condominium such encroachment shall occur hereafter as a result of: (a) settling of the Building, or (b) alteration or repair to the Common Elements, or (c) as a result of repair or restoration of the Building or a Unit after damage by fire or other casualty, or (d) as a result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as such Building stands. 11. Pipes, Wires, Flues, Ducts, Cables, Conduits, Public Utility Lines, and other Common Elements. There will be excluded from the conveyance of each of the Units so much of the Common Elements as is located within each Unit if any. Each Unit Owner shall have an easement in common with the owners of all other Units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines and other C• 1° on Elements located in any of the other Units if serving his Unit. Each Unit shall be su• 4 . an easement in favor of the owners of all other Units to use the pipes, wires, ducts, fl �: :e.bles, conduits, public utility lines and other Common Elements serving such other Uni : . located in such Unit. The Condominium Trustees shall have a right of access to each g o ,to ins the same, to remove violations therefrom, and to maintain, repair or replace t ,, Elements contained therein or elsewhere in the Building. IA ii 40 12. Units Subject to Master Deed, Unit Deed, De tation of Trust, and Rules and Regulations. r 3 'i :W All present 4', ure o s, tenants, visitors, servants, and occupants of Units shall be .,subject to, and sha`". ply � the provision of the Master Deed, the Unit Deed, the Condominium Declarat 4 f9f Tr and the Rules and Regulations, as they may be amended from time to time, and the ' o ° e title to the Condominium as set forth in Paragraph 1 above. The recordation of 49 " or the into occupancy of any Unit shall constitute an agreement that: (a) the prove 1 `' of this r Deed, the Unit Deed, the Condominium Declaration of Trust, the Rules an `¢ . 7ulations annexed to the Condominium Declaration of Trust, and the floor plans of the Cond 'um recorded simultaneously with and as a part of this Master Deed, as the foregoing may be nded from time to time, and the said items affecting title to the Condominium, are accepted and ratified by such owner, tenant, visitor, servant, occupant, or any person having at any time any interest or estate in the Unit, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the 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 the provisions of this Master Deed, the Unit Deed, Condominium Declaration of Trust, or Rules and Regulations by any such person shall be deemed a substantial violation of the duties of the Condominium Unit Owner. Page 5 of 13 Master Deed Sea Pearl Condominium 13. Sale, Rental and Mortgaging of Units. The Seller reserves to itself and its successors and assigns (a) the right to sell, rent or mortgage Units to any purchaser, lessee or mortgagee upon such terms and conditions as it may deem acceptable without procuring the consent of other Unit Owners or of the Condominium Trustees; (b) the right to transact any business within the Condominium to accomplish the foregoing; and (c) the right to use any Units owned by the Seller as models for display for the purpose of selling or leasing Units. In the event that there are unsold Units, the Seller shall have the same rights, as owner of unsold Units, as any other Unit O . r. ti 14. Invalidity. The invalidity of any provision of this Maste eed not be deemed to impair or affect the validity of the remainder of this Master Deed, and i $"' h event, all of the other provisions of this Master Deed shall continue in full force and effect 4.such invalid provision had never been included herein. 15. Waiver. No provision contained in th1 eed shall be deemed to have been abrogated or waived by reason of any failure to e t 6;_ ,`. irrespective of the number of violations or breaches which may occur. 16. Provisions for the Protection of e ; • !kr s Notwithstanding anything in this Maste`� ,Reed or in the Condominium Trust and By— Laws to the,c9ntr , the following provisions sh: sply for the protection of the holders of the first mo °fie,1(h'ejpfter "First Mortgagees") of'��- ord with respect to the Units and shall be enfor e e"`by any Firs 9rtgagee: • a e event that tTnt Owners shall amend this Master Deed or the Condominium Trust to inclue erein any ri ;of first refusal in connection with the sale of a Unit, such right of first refusal slt e of impair t ` ights of a First Mortgagee to: (i)Foreclose oer t4 a Unit pursuant to the remedies provided in its mortgage; or (ii) Accept a deed r assignment) in lieu of foreclosure in the event of default by a mortgagor; or (iii) Sell or lease a Unit acquired by the First Mortgagee through the procedures described in subparagraphs (i) and (ii) above. Page 6 of 13 Master Deed Sea Pearl Condominium i . (b) Any party who takes title to a Unit through a foreclosure sale duly conducted by a First Mortgagee shall be exempt from any such right of first refusal adopted by the Unit Owners and incorporated in this Master Deed or the Condominium Trust. (c) Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid common expenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee; I (d) Any and all common expenses, assessments arl .'likes that may be levied by the Trust in connection with unpaid expenses or assessments e subordinate to the rights of any First Mortgagee pursuant to its mortgage on any Unit 1 ,e ` #,, t permitted by applicable law; (e) A lien for common expenses assessments shall not be ed by any sale or transfer of a Unit, except that a sale or transfer pursuant to a foreclosur 11,a first mortgage shall extinguish a subordinate lien for assessments which became a ab '2or to such sale or g P Y , transfer. However, any such delinquent assessments which are extingu :44 pursuant to the foregoing provision may be realloc d and assessed to all Units as a comity expense. Any such sale or transfer pursuant to a " ure shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit fro h >ii of, any assessments made thereafter. i (f) Unless each of the instituti s firs ®0; •age lenders holding mortgages on the individual units at the condominium hay. _'ven t i written approval, neither the Unit Owners nor the Trustees of the Condomini � ;, , all . a ' ed to: Y (i) By act or omission, seek to al c+•on or terminate the Condominium except in the event of substantial destruction of the Condo d th:um premises by fire or other casualty or in the case of taking by condemnation or eminent dom" '0; (ii) Change the pro-rata interest or obligation of any individual Unit for the purpose of: (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (b) determining the pro-rata share of ownership of each Unit in the Common Areas and Facilities; provided that this prohibition shall be deemed waived to the extent necessary to allow the phasing of the Condominium pursuant to the rights reserved in this Master Deed; or (iii) Partition or subdivide any Unit; or (iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the common elements, provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Condominium and the exercise of other actions with respect to granting of special rights of use or easements of General and Limited Common Areas and Facilities contemplated herein or in the Condominium Trust shall not be deemed an action for which any prior approval of a Page 7 of 13 Master Deed Sea Pearl Condominium mortgagee shall be required under this Subsection; and further provided that the granting of rights by the Trustees of the Condominium Trust to connect adjoining Units shall require the prior approval of only the mortgagees of the Units to be connected; and provided further that this prohibition shall be deemed waived to the extent necessary to allow the phasing of the Condominium pursuant to the rights reserved in this Master Deed; or (v) Use hazard insurance proceeds for losses to any property of the Condominium (whether of Units or common elements) for other than the repair, replacement or reconstruction of such property of the Condominium, except as provided by statute in case of taking of or substantial loss to the Units and/or common elements of the Condominium. (g) To the extent permitted by law, all taxes, assessments and charges which may become liens prior to a first mortgage under the laws of the ommonwealth of Massachusetts shall relate only to the individual units and not to the Condo;AF. y.1 as a whole; (h) In no case shall any provision of u : 4 aster Deed or the Condominium Trust give a Unit Owner or any other party priority over an 8 is of A,a titutional first mortgagee of the Unit pursuant to its mortgage in the case of a di such Unit Owner of insurance proceeds or condemnation awards for losses to or a` i _ of such Unit and/or the Common Areas and Facilities of the Condominium; 11411 } E3 (i) An institution first mortgage lender, upon r st to the Trustees of the Condominium Trust, ed to: , (i) 944 notific t ,n from the Trustees of the Condominium Trust of any default by its borrowe 1,11Q is ,Owner of a Unit with respect to any obligation of such borrower under this MastMasterlorqr isions of the Condominium Trust which is not cured within sixty (60) days; (ii) Inspect the boo d records of the Condominium Trust at all reasonable times; , (iii) Receive (at its own expense, if the condominium contains less than 50 units) an audited annual financial statement of the Condominium Trust within ninety (90) days following the end of any fiscal year of the Condominium Trust; (iv) Receive written notice of all meetings of the Condominium Trust, and be permitted to designate a representative to attend all such meetings; (v) Receive prompt written notification from the Trustees of the Condominium Trust of any damage by fire or other casualty to the Unit upon which the institutional lender holds a first mortgage or proposed taking by condemnation or eminent domain of said Unit or the Common Areas and Facilities of the Condominium; Page 8 of 13 Master Deed Sea Pearl Condominium (vi) Receive written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Trust; and (vii) Receive written notice of any action which requires the consent of a specified percentage of eligible mortgagees. The Declarant intends that the provisions of this paragraph shall comply with the requirements of the Federal Home Loan Mortgage Corporation and The Federal National Mortgage Association with respect to condominium mortgage loans, and all questions with respect thereto shall be resolved consistent with that intention. The provisions of this section may not be amen.,:ra, f r` rescinded without the written consent of all First Mortgagees, which consent shall ap r� the instrument of amendment as such instrument is duly recorded with the Registry of 'l 1 .. cordance with the requirements of this Master Deed. E �3 17. Cations. The captions herein are inserted only as a matter of convenience an'u,;(,, reference, and in no way define, limit or describe theiiscope of this Master Deed nor the intertk any provision hereof. 18. Conflicts. Master Deed is set forth to comply' ), the rw nts of Chapter 183A of the General Laws of the Commonwealth of Massachut _ cas'&: � o f the provisions stated above conflict with the provisions of said statute,the lions of said statute shall control. 0{04hf©?Fs, Refusal. T °, shall be a of First Refusal with respect to all sales of Condominium Units in favor of t clarant. No 't Owner shall sell, transfer, or convey a Unit to any person or entity unless aid Declara as received a bona fide offer to purchase the same, (b) said owner has given eclarant '' en notice stating the name and address of the Offeror and the terms and conditio f said 1 r and the encumbrances subject to which the unit is to be conveyed, and cont ' 5' by said owner to sell said unit to the Declarant and (c) said Declarant shall not within '` - (20) days after receipt of such notice have given said owner written notice of the electi to purchase said unit in accordance with said offer. In the event that the said Declarant shall elect to purchase the said unit, the deed to the Declarant shall be delivered and the consideration paid at the Barnstable County Registry of Deeds at 2:00 p.m. on the thirtieth(30th)business day after the date of giving of such notice of election to purchase. In the event that said Declarant shall not elect to so purchase,then the selling Unit Owner shall be free thereafter to sell and convey said unit to the Offeror named in said owner's notice at a price not lower than that specified therein and on the terms and conditions stated in the Page 9 of 13 Master Deed Sea Pearl Condominium aforesaid notice and offer, but said owner shall not sell or conveyed said unit to any other person at any lower price or on different terms or conditions without again offering the same in the aforesaid manner. The provision of this section shall not be construed to apply to bona fide mortgages of any unit or to sales or other proceedings for the foreclosure thereof. 20. Arbitration Any dispute between Unit Owners arising under this Master Deed, or the accompanying Declaration of Trust, which is not resolved by the parties pur j nt to the terms hereof shall be submitted to arbitration for resolution. The parties agree t "' "3 arbitration shall be the exclusive procedure with respect to such dispute, and any awa 1r.'";'decision made pursuant to such arbitration shall be final and binding and enforceab -a urt of appropriate J urisdiction. Any Unit Owner aggrieved by any decision or actio the 'itiy in the administration of the Condominium shall have the remedy recited in Article IX of the ' WITNESS the execution hereof,under seal,this day of ` , 2022. Christopher Douglass 4x E t e k 444" aria ko .ss 4'1VOly 11, 4El� ke Masciari Vlh � �' m COMMONWEALTH OF MASSAC TTS Barnstable, ss. ! P On this day of , 2022, before me, the undersigned notary public, personally appeared Christopher Douglass and Maria Douglass, proved to me through satisfactory evidence of identification, namely Massachusetts Driver's Licenses, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily for its stated purpose. Notary Public My Commission Expires: SEAL HERE Page 10 of 13 Master Deed Sea Pearl Condominium COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this day of , 2022, before me, the undersigned notary public, personally appeared Mike Masciari, proved to me through satisfactory evidence of identification, namely a Massachusetts Driver's License, to be the person whose name is signed on the preceding or attached document, and ackn., 4 .•ged to me that he signed it voluntarily for its stated purpose. 141 4 3' Notary Public My Commission Expires: SEAL HERE t,N x �t 4 3 a a 4 • Page 11 of 13 Master Deed Sea Pearl Condominium MASTER DEED OF SEA PEARL CONDOMINIUM Schedule A Description of Buildings The buildings comprising the Condominium consist of two buildings containing a total of two units as follows: Building 1 comprises Unit 123A and Building 2 co 4r�1 ,4. " Unit 123B. The Buildings are ; of wood frame construction, constructed with wooden e 3 walls, wooden framing, windows and screens with glass and flush wooden doors. Eacl � . ` constructed on cement pilings due to flood zone requirements. All as more accurately described on the Sea Pearl Condom floor plans recorded herewith. UNIT DF CRIPTIONS AND FEATURES y 4 # of Undivided Unit Floors # of Rooms Bdrms S"``:R.F ' ;i° , Interest Unit 123A 3 9 3 2''671+ si � 11%;,50.00% 123B 3 6 3 1,51 �`4 50 .1% V 4 Total Undivided Interests 100% The ' Ieinabove per4ages are in the approximate relation to the fair value each Unit bears to the agate fair valu all the Units as of the date hereof RTHER k T DESCRIPTIONS AND FEATURES The Unit dimensfi ®`1'', , own on the plans include the entire building structure in which the units are located as mor''' lly described in this Master Deed. Each Unit has an immediate access easement to common areas contiguous thereto. The boundaries of the Units are described in Paragraph 3 of the Master Deed. Access to immediate common areas are shown on the floor plans recorded herewith and on the unit plans to be recorded with the unit deeds. Page 12 of 13 Master Deed Sea Pearl Condominium The Units (Owners) are hereby granted an exclusive use license for two (2) parking spaces each as follows: Unit Parking Spaces A 2spaces denoted as Ala d A2 8 2 spaces denoted as B1 and B2 • \ � 2, All parking spaces are located under the Buildings ltP . 4 «�E y . . , y,\ ^ %� �y » dƒ« \\ f y» y\ \: 40 Page 13 of 13 Master Deed Sea Pearl Condominium