HomeMy WebLinkAbout503 Route 28 Bayberry Village Master Deed 02.16.82a03436PHcE '303
369
MASTER TEED
OF
BAYBERRY VILLAGE C.o D0 INIUM
LOCATED AT ROUTE 28
WEST YARM0U _ .r MASSACHUSETTS'
KARL I. BRAUN and. ALICE D. BRAUN, husband and wife, as joint
tenants, whose mail .ad.dress is Route 28# West Yarmouth, Barnstable'
County, Massachusetts 82673, hereinafter" called. the Declarant,
being the sole owners of the land: and the buildings in Yarmouth
(West) , Barnstable County, Massachusetts, hereinafter described,
by duly executing anal recording this Master Deed, do hereby submit
said land together with the buildings, improvements and: structures
located thereon to the provisions of Chapter 183A of the General
Laws of Massadhusettsf as amended, and propose to create, and do
hereby create., a condominium to .be governed by and subject to
the provisions of Chapter 18 3A,, and to that end they hereby de-
clare and provide as follows;
1. The name of the condominium shall be Bayberry Village
Ccndomi n arum.
.. Descri2tion of Land - A description of the land on'
which the buildings and improvements are located is set forth
and described in Exhibit A:, attached hereto and made a part
hereof, which land and buildings are subject to and have the
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benefit of, as the case may be, the easements, encumbrances,
restrictions and appurtenant rights as referred to and as set
forth. and contained in this Master Deed and the Exhibits hereto.
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3. The de.script,ion of the buildings commp.ris.i.nS the Condo-
iniumt stating the number of stories o, the number of units and
the pr * ncipal materials of which they are constructed is set
forth and described in Exhibit B, attached hereto and made ,a
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part hereof,
4 s 1 The unit designation of the Condominium units, their
locations, approximate areas.., number of rooms.. immediately ac-
cessLble common areas and other descriptive specifications there-
of are as set forth in Exhibit C , attached. hereto and made a
part hereof.
-.4,2 The boundaries of units 6, 7jt 15 and 16 with
respect to the flours, ceilings and the walls,. doors and windows
thereof are as follows
a.. Floors The upper surface of the subflccri.ng.
h. Ceilings: The plane of the lower surface of the
4
ceiling joists, or in the case of units or portions of units R.
} situated: immediately beneath an exterior roof, the plane of the �.
lower surface of the roof rafters,
c, interior Building Walls The plane of the surface
of wall studs facing such unit,
d. Exterior Building Walls, Doors andWindows: As to
wallsit the plane of the interior surface of the wall studs; as to
doors, the exterior surface thereof and as to windows,, the ex-
terior surface cif the glass and of the window frames..
2
SOOK343.6P "90. E 305
4.3 The boundaries of all units except 6,, 71, 15 and 16 are
as follows*
000
a*, Roofs - The plane of the outer surface of the roof
s-h X'nvles;
b. Exterior Bull'Iding wall se Doors and. Windows - As to
walls, the plane of the exterior surface of the abingles, or
with respect to basement areas, theexterior surface of the
basement wall; as to doors., the exterior surface thereof; and
as to windows, the exterior surface of the glass and of the
window frames;
C. Floors - The plane of the outer and exterior sur-
face of the lowest floor;
d. Foundations, chimneys, gutters, down spouts, drains,
flues, vent pipes, railings, Steps.. bulkheads,, fireplaces and
other features connected to or extending from sail surfaces of
a uni� are a part of the unit,,
4.4 The Declarant reserves the right to modify each or any of
the units Declarant owns.0, including if necessary the common areas,
6
to Provide a separate electric meter for each unit and Separate
kitcheo facilities for each unit. The Declarant may -..Lso install
separate electric and water meters for the common areas a'nd'facil-
itie.s. Declarant. further reserves the right to put sliding doors,
electric he -at pumps and other items or apparatus In the exterior
walls of each unit and extending into; the common areas,
4" 3 -
BOOXW6 Pau 306
5. The common areas and facilities of the condominium shall
include the following enumerated items.,
no Such areas and. items listed as such in Section 1 of
Chapter 183.E of those hereinafter listed, and without limiting
the foregoin a.11 areas and facillities of the condomin' ium as
are not withi.n. Zk unit of the condominium;
b. For units 6, 70 15 16 onlyt the foundations,
structural colum.-es, girders, beams, supports.. exterior -walls roofs
of the buildings and the common walls within the buildings..
c. All condulits, dusts, pipes plumbing, Wiring, flues
and other facilities for the furnishing of utility services which
are contained in portions of the. buildings and all such facilities
Contained within any unit which serve parts of the condominium
Wither than the unit within which such facilities are contained;
d. All land, railings, stairways, steps, lighting fix-
turest plants, parking areas, and other improved or unimproved
areas not within the units, except that each unit owner shall
have access to the crawl space under his. unit, if any., through
any outside areaway that may exist and provided further, however,
that each Unit shall have as appurtenant to it, the exclusive
right to use: one (1), parking space w*th*
a. in the common area if and
as designated in the first deed of the unit by the Declarant.; and
shall have the exclusive right to Use any porch attached to a unit
IM 4 -
o-ooK3436 PiGE 307
-
et All drainage pipes and waste dispo. sal systems, Whether
./ l they serve one or more units,-
f. All -other apparatus and installations in the buildings
for common use or necessary or convenient to the existe-neet mainte-
nance or safety of the buildings.
The common areas and facilities shall be subject to
the provisions of the By -Laws of the Bayberry Village
Condominium Association hereinafter referred to as Condominium
Association., andto rules and regulations which may be promulgated
pursuant thereto with. respect to the use and maintenance thereof.
6. Exhibit D, attached hereto and made a part hereof gives
the percentage interest of each unit in the co=non areas and faci-
lities of the condomllniium,. whI.."..ch percentage was computed as re-
quired by the provisions of said Chapter 183A* -
7, Attached hereto and made a part hereof and recorded here-
-with is a set of the floor plans of the buildings,* showing the
layout, locationf unit numbers, dimensions of the units and the
name of the building as numbers, and bearing the verified state-
ment of a registered land surveyor or architect certifying that
-the plans fully and accurately depict the layout, location, unit
A
numbers and dimensions of the units as buil.t.
IW& 5 -
WWI-- - -----
308
8* (a) Each of the buildings containing units of the condo-
minium and all the units in each building are intended to be used
solely, for single family residenoe purposes, in accordance with
the By -Laws of the Condominium. Association, except as provided
in Paragraph 9 (b) hereof r and further provided r however, that all
units may be used by the Declarant for other purposes temporarily
pursuant to provisions of, and subject to the 111mlitations set
forth in Paragraph 8 (d)
(b) The parking spaces are intended to be used for the
parking of private passenger cars and not for trucks or other
vehicles or items except with the prior written permission of
the' Board of Managers of the Condominium. Assoc 114tion.0
(c) The lawns and grass are common facilities intended
to be used for the private.recreation enjoyment of the occupants
of the condominium units and their families and guests,, sub".ect
to the provisions of the By -Laws of the Condominium Association
and to Rules and Regulations promulgated pursuant thereto.
(d) As provided in the foregoing Paragraph S(a)# the
Declarant hereof may, untilall of said units have been sold by 4.
the Declarant (a) let or lease units which have not been. sold by
it and (b) use any units owned by It as models for display for
.Purposes of sale or leasing of units.
9-F, UnIess otherwise permittedby instrument in writing and
duly executed by the Board of Managers of the Condominium Associ-
ation pursuant to theprovisions of the Sy -Laws thereof;
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60OK3436 ME W9
(a) No such -unit shall be used for any purpose other
than residential family use for nor more than one (1) family;
at unit may be leased or rented to persons. Other than the owners
but subject to the Town -of Yarmouth laws, rules and regulations
regarding the number of persons that may occupy the unit;
(b) No business,acti'vities of any nature shall be con-
ducted in any such unit;
(c) Noanimals of any kind, including birds, reptiles,
except ordinary household pets shall be kept or permitted in any
unit, or in or on..the common areas and facilities;
(d) The architectural integrity of the buildings and the
units shall be preserved without modification and to that end,
without limiting the generality of the foregoing, no balcony,
enclosure, awniLngi screen, antenna, sign, banner or other device
and no exterior change, addition, tstructure, projection# decora-
tion or other feature shall be erected or placed upon or attached.
to any such unit or any part thereof, nor addition toor change
or replacement of any exterior light, door knocker, or other ex-
terior hardware shall. be made, and no painting or decorating shall
be done on any exterior part or surface of any unit nor on the in-
ter ior surface of any window;
(e) No unit shall be used or maintained in a manner
contrary to or inconsistent with the By -Laws of the Condominium
Association;
(f) The units are intended for use only during the
Per.i.od of April 1 through October 31 of each year, 0
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Said restrictions Shall be for the benefit Of'
e corners
Of &ll of the ccnd mini= units and the Board of Managers of
the Condominium Association as the
persons in c1large of the
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coon areas and. facilities, shall be enforceable so-lely by
said Beard of Managers t and shall p insofar as permitted by law.
e Perpetual. NO Unit owner shall be liable fur and breach of
the provisions of this Sara rap except such: as occur during
his or her
ownership tereof�low ,
This Master deed sssay be amended by an .instrument in
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writing (a) Signed by tfie owners of units entitled to seventy
(7 ) Percent or more of the undivided interests in the common
areas and. facilities r and (b); signed and acknowled ,ed ' bar a ma~
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sr ,t Of the Board of Managers of the Condominium Association,
an : c do l ' recorded ark, t , the Barnstable couzxtY Registry of
needs; provided # however* that*
a. The date oil which. any such instrument - is first
signed own
er shall be indicated thereof as the date
thereof and no such instrument shall be of any force or effect
unless the same has been so recorded within two ( tenths aft+e:
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such date
b. No instr*Ument Of amend neat which alters the di en-
sIOns Of anY snit shall be Of anY force Or effect Mess the same
has been signed by the owners Of the unit sc altered
". 8
bOOK3436 KE 311
0. No instrument of amendment which alters the percentage
of the undivided intereat to which any unit is .entitled. ifn the
common areas and facilities shall be of any force or effect un-
less the same has been signed by the owners of all of the units,*,
d. No instrument of amendment affecting any unit i.n a
manner which impairs the security of a first mortgage. of record
thereon held by a bank or insurance company or a purchase money
second mortgage held by the Declarant or his successors or assigns
shall be of any.force, or effect unless the same has been assented
to by such holder,-, and
e. No instrument of amendment which alters this Master
Deed in any manner which would render it contrary to or incon-
sistent with any requirements or provisions of said Chapter 183A
of the General Laws of Massachusel;ts sball. be of any force or
effect.
11. The organization through which the unit ownerswill
manage and regulate the condominium established. hereby is an
Unincorporated association. known as the Bayberry Village
Condominium Association. Said Association ha.9 been formed and
has enacted BY -Laws pursuant to said Chapter 183A.
All unit owners in the Say -berry Village Condominium
shall -be members of the association of unit owners. and subb owners
shall have an interest ire proportion to the percentage of undivided
interest in the common areas and facilities to which theyare en-
titled hereunder* The name and address of the original and present
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Board of Managers thereof is as follows s
Karl :E.. Braun
Route 28
West Yarmouthe MA 02673
12. 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 a.f a,ny such en
croachme .t shall occur hereafter a.s a result o (a) settl.in
g o
the .building, or (b) a:lte:ration. or repatir to the common elements
made by or with ' the consent of the Board of Managers o
f the Condo.
minium Assocation o (c) as a result of repair or restora
tion o
tht buildings or a Unit thereof after damage h fire or o
then
casua.i.t r or O as at result of condemnation on or eminent domain
procee in a.r each unit owner - shall have the benefit of and be
sub e,ct. to a valid easement -which-shall exist for such encroach.
men:t and for the maintenance of the same so long
as the buildings
stand,
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130 Each unit owner shall have an -easement in common with.
the owners of all other units to use all pip.es, wires, ducts
l es,. cables,, con u-t�.r public UtilitY dines and other common
elements located in. anYof the other units and serving big unit.
Each u.rit shall be subject to an easement in favor of the ow e
rs
Of all other units to u.se the pipes, wirest ducts, flues,*cables,
dies*
00n .u.i.ts, public utility lines and other common elements se.r-vingg
other units and located in such unit* The Board of
tanagers of
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the Condominium Association shall have a right of access to each
unit. tO ,inspect the same to remove violations therefrom and to
mai,:ntax.:n* repair or replace the common elements contained there-
in -and elsewhere: in the buildings,
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14 M All present and future owners, tenants, visitors, sere*
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va.nts and occupants of units shall be subject to and shall comply
-with the provisions o this Master Deed., the Unit Deed., the BY -
Laws and as: to the operation and use of the common areas and
facilities the Rules and Regulations., all as they maybe 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 as to the operation. and use of the common areas and
facilities 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 with the land and shall
bind any person having at any time any interest or estate in such
un.i.t# as though such provisions were recited and sti.pu.lated at
length in each and every deed or conveyance or lease thereof,
and (b) a violation of the provisions € f this Master deed, the
Unit reed, By -Laws or Rules and. Regulations by any such person.
shall be deemed. a substantial violation of the duties of the
ct�n.d%Omin.unR unit owner.. ;..
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1.5, in the event the Board of Managers acquires title to
any units the titler together with the Appurtenant Interests,,
shall be acquired and held by the Board of Managers or its
designee, corporate or otherwilsef on behalf of' all -unit owners,
The lease covering any unit leased by the Board of Manaqers� or
its designee, corporate or otherwise shall be held by the. Board
of Managers,, or its designees on behalf of all unit owners, in
proportion to: their respective common interests.
16, The invalidity of any provision or provisions of this
Master Dead shall not be deemed to -impair or affect in any manner
the validity, enforceability or effect of the remainder, of this
Master Deed, and.f in such event, all of the other provisions of
this Master Deed shall. continue in full force and effect as if
such invalid provision had never been included herein.
17, No provision contained in this Master Deed shall be
deemed to have been abrogated or valved by reason "of any failure
to enforce the same irrespective of the number of violations or
breaches which.mayoccur.
1010. Thj,'.s Master Deed is set forth to comply with the re-
quirements of Chapter 183A of the General Laws of the Commonwealth
of Massachusetts, In case any of the provii.sions stated above con-
flict with the provisions of said statute, the provJisions of said
1. statute shall control. The units and common areas: and facilities
rw 12 w.
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BOOK3436PIAGE' 3J5
and the unit owners and the Bayberry Village Condominium
Association shall have the benefit of and be subject to the
provisions of said Chapter 183A of the General Laws of Massa-
chusetts, and in a.11 res.pects not specified in this Master
Deed or in sa id, By -Laws of the Bayberry Village
Condominium Association shall. be governed by priovisions of
said Chap -ter 183A. in their relat;-Llon to each other and to the
condominium established hereby.
19. All terms and expressions here . in -used which are de-
fined in Section 1 of said Chapter 183A shall have the same
Meanings. herein set forth in said Section 1
IN WITNESS WHEREOF.. Karl 1. Braun and A11ce D* Braun
hereunto set their hands and seals this /13"u-'day of February..
19820
A
Tairer. -1. Braun
00V
A-11 D. Braun
STATS OF FLORIDA
County of
February 19:82.
Then personally appeared the above named KARL 1. BRAUN and
ALICE D
BRAUN and acknow ledged"i-Kei- egoing i
their free act and deed, (heo re me
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BooK3436Pa 3
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BAYBERRY VILLAGECONDOM.TNIUM
EXHIBIT
NORTHERLY
Route : 8., . t
State H wa r AS Shown on ther plan hereinafter mentionedj, one .hundred
thirty-three and 39,%100 (13.3 - 3 9) feet;
NORTHEASTERLY by the intersection of said Route 28 and
B,pringer Lane, as shown on said plan in an.
a r a distance of thirty-one and 36 100
(31.36)feet;
EASTERLY y Springer .Lane, as shown: ran said plan, four
hundred ninety --nine and 47/100 (499.47) feet.
3
SOUTHWESTERLY by land. of ot•h.ers g, one hundred sixty-seven and
83/1 0 (1.67, 83.E feet -
WESTERLY
WESTERLY by land of others,. :dour hundred fifty -el ht and.
53/100 (458.53) feet*
Said land is shown on a plan of land entitled !Bayberry
Village Condomin.lium, Plan: of Land in. ea-t Yarmouth, Mass.,,,
Scale 1"=.20 f , February, 198211 �y Tow & Weller, Inc. , Yarmouth
Mass
,
For L eclara.nt's title see deed dated .April 30, I.979
recorded at the Barnstable coUnty Registry of .deeds in Boo,
2908 Page log,
v
Tly.-Ae. condominium consists of twenty-three (23) units in
twenty-two ('22). buildings with one (1) of said buildings con-
taining the common laumdry, All other buildings contain one
or more-unitso. Each building containing units has a number
for a name. The buildings are all of wood frame construction
with asphalt shingle roofs. Except as set forth, all units
have cedar shingle siding. Units 5, 6 and 7 have Texture irr
siding. Units 11 and 12 have cedar shingles on the front and
Texture III siding on the sides. Unit 25 has aluminium siding.
None of the buildings have a basement except Unit 25 has a
partial basement. All buildings are one (1) story high except
for Building 25 which has two (2) stories.
Each unit is served by its own separate electric and gas
service # All of the unitsobtain water through one or more
common water meters.
Buildings I through 5, 8 through 12, 14 and 18 through
25 each contain one (1) unit,
Builldings numbered 6/7 and 15/16 each contain two (2)
u 'ts.
ni
B . 1
..........
EXHIBIT C
Each of the units has
i=ned-iate access to the common area
lawns and grounds,
UnIt Building
No. of
Approximate Sq. Ft,
99sign.ation Location
ROOMS�
in Area
1 1
3
268.
2 2
4
417
3 3
31
345
4 4
5:
530
5
3
224
6 6/7
3
7 6/7
3
287
8
5
64-4.
9 9
4
412
10 10
4
405
11 11
4
380
.12 12
4
380
14 14
4
305
is 15/16
4
43, .5
16 15/16
4
435
C - 1
L] 17
unfit
De s. 1, qlaa;on
_
Building
Loa tion
No. of
Rooms
Approximate Sq. pto
in Area
18
18
2
335
19
19
3
427
20
20
3
316
21
21
2
263
22:
22
2
262
.23
23
2
263
24
24
2
316
25
25
13.
205lo
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BAYBERRY ...VILLAGE CONDOMINIUM
EXHIBIT D
mow'
unit
Percent of Undivided
Res.ign t ire
.Interest. 1n Common
�
Areas and. Pacilitles
r
3,84
4.33
3
3.68
4
4,66
R
1,02
M
3,35
3.68
.8
4.66
9
4.16
#0
4i
4 :M 6 .S*1.1 Y
4.49
.1-2
4.4
14
4.16
E 15
4,66
16
4.66
3*68
19
4.33
20
.60
21
3.35
22
3.3
23.
+.7ar35
24
,60
5
12.251
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