Loading...
HomeMy WebLinkAbout5163 12-14 Anchorage Ln Master Deed 20251 MASTER DEED 12-14 ANCHORAGE LANE CONDOMINIUM The 12-14 Anchorage Lane LLC, Massachusetts corporation having an address of 258 Derby Street, Unit #7, Newton, Middlesex County, Massachusetts, being the owner of a certain parcel of land in said West Yarmouth, Massachusettts, with the buildings thereon numbered12-14 Anchorage Lane, West Yarmouth, Massachusetts, and more particularly described in Exhibit A attached hereto, does hereby submit said land and buildings, structures and improvements existing or to be built thereon, to the provisions of Chapter 183A of the General Laws of Massachusetts, for the purpose of creating a condominium to be known as 12-14 Anchorage Lane Condominium, to be governed by and subject to the provisions of said Chapter 183A, upon the following terms and conditions: The premises that constitute the 12-14 Anchorage Lane Condominium consist of the land described on Exhibit A, which is attached hereto and is hereby incorporated herein by this reference and made a part hereof, together with the building and improvements thereon. The Declarant hereby expressly reserves to itself and its successors-in-title and their nominees, for a period ending one (1) year after the date on which this Master Deed is recorded, the easement, license, right and privilege to pass and re-pass by vehicle and on foot in, upon, over and to the common areas and facilities of the 12-14 Anchorage Lane Condominium for all purposes, provided that in the exercise of the rights reserved by the Declarant in this paragraph, the Declarant will not unreasonably affect the use and enjoyment of the common areas and facilities. Nothing in this paragraph shall be deemed to create any rights in the public. Description of Building The building containing both units of the 12-14 Anchorage Lane Condominium is a two-story wood frame building on said land is described on Exhibit B, which is attached hereto and is hereby incorporated herein by this reference and made a part hereof. Said building is hereinafter called the “Building.” Description of Common Areas and Facilities and the Proportionate Interest of Each Unit Therein The common area and facilities consist of the land area not occupied by any part of the building or structures, driveway, the corridors, entryways, stairways as well as areas and items not located within a unit which are set forth in the definition of “common areas” in Section 1 of Chapter 183A. Also included are all utility lines contained in the common areas or in any unit, except those that exclusively serve individual units and are located within such unit. Both units have the right to use all the common areas and facilities, and each unit shall be subject to an easement to permit the maintenance therein of such common facilities as are in such unit. 2 Without limiting the foregoing language in this paragraph, the common areas and facilities of the 12-14 Anchorage Lane Condominium include: (i) the land described in “Description of Land” of this Master Deed, (ii) the foundation of the Building, and all portions thereof, and all structural columns, structural lintels, girders, beams, slabs, supports, and floor, ceiling and roof beams and joists and all structural members appurtenant to such floor ceiling and roof beams and joists, the exterior walls, and any interior bearing walls, the subflooring below the upper surface thereof, the roof, building entrances and exits, and all structural portions of the building; (iii) installations of central services such as power, light, drains, hot and cold water, vents, heating and heating lines, but only if and to the extent that such installations serve more than one unit. Such equipment and installations located within and servicing a single unit are a part of the unit in which the same is located and which it services and is not a part of the common areas and facilities; (iv) Septic System, the leaching fields and tanks. (v) The roof shall be a part of the Common areas and facilities to be maintained, repaired and replaced by the 12-14 Anchorage Lane Condominium Trust. Description of Units The 12-14 Anchorage Lane Condominium consists of two (2) units numbered 12 and 14 Anchorage Lane, the location, layout, area, number of rooms, immediate common area to which they have access and its percentage interests in the common areas and facilities of the Condominium are as set forth on Exhibit C, which is attached hereto and is hereby incorporated herein by this reference and made a part hereof. The boundaries of each unit with respect to the floors, ceilings, walls, doors and windows thereof, are as follows: Floors: The upper surface of the subflooring; Ceilings: With respect to both units, the plane of the bottommost surface of the floor joists, and other structural members appurtenant to such floor joists, of the floor above; the plane of the bottommost surface of the roof joists and other structural members appurtenant to such roof joists; Building Walls: With respect to both units, the plane of the wall studs facing the interior of the unit. Pipe Chases or Other Enclosures concealing pipes, wires, or conduits within a unit are part of that unit, but the pipes, wires or conduits within such pipe chase or other enclosure that serve more than one unit are part of the common areas and facilities. Septic system: all interior pipes connected to the septic system. Windows: Interior windows, exterior window, window frames, interior and exterior doors and door frames. Sheds: Unit #12 has the sole and exclusive right to use, maintain, construct and reconstruct the shed and the southwest side of the property. Unit #14 has the sole and exclusive right to maintain, construct and reconstruct the shed on the southeast side of the property. Expansion of the footprint of the existing shed shall not impact the percentage ownership of the said Unit. Expansion of the footprint of an existing shed requires the consent of the Trustees. Exclusive Use: Parking There are two parking areas to adjacent to each Unit of the Condominium building, hereinafter called the “Parking Area.” The Parking Area for Unit 12 contains two spaces, namely Spaces A and B respectively, and the Parking Area for Unit 14 contains two spaces, namely Spaces C and D respectively, hereinafter 3 called the “Parking Spaces,” as shown on the Site Plan, which is a part of the Master Plans of the 12-14 Condominium recorded herewith. All maintenance and repairs to the Parking Spaces, including but not limited to cleaning, snow and ice removal, re-striping, re-paving, and repairs, shall be performed by, and at the sole expense of, the owner, for the time being, of an easement for the exclusive use of the Parking Space as such owner for the time being then appears of record in the Barnstable County Registry of Deeds. The owners of easements for the exclusive use of Parking Spaces shall be obligated to maintain and repair the Parking Spaces in a clean and orderly manner. All risk of loss in connection with the use, maintenance and repair of a Parking Space shall be borne solely by the owner for the time being of an easement for the exclusive use of the affected Parking Space. The provisions of this section shall not be modified or amended without the prior written consent of all of the owners of easements fo r the exclusive use of the Parking Spaces being obtained in each instance. Plans A set of the floor plans of the building showing the layout, location, unit numbers and dimensions of the units, and bearing the verified statement of a Registered Architect certifying that the plans fully and accurately depict the layout, location, unit number and dimensions of the units as built, all pursuant to Massachusetts General Laws, Chapter 183A, have been recorded simultaneously with the recording of this Master Deed. Said set of plans, herein sometimes called the “Master Plans,” is hereby incorporated herein by this reference and made a part hereof. Use of Units (i) The building and each of the units are intended only for residential purposes; provided, however, that any of the units may also be used as an office and/or artist's studio but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by applicable zoning laws; and (ii) No unit shall be used or maintained in a manner inconsistent with the 12-14 Condominium Trust and/or the Bylaws of the Condominium Trust and the rules and regulations from time to time adopted pursuant thereto; and Amendment of Master Deed This Master Deed may be amended by an instrument in writing (i) signed and acknowledged in proper form for recording by all owners of units and (ii) signed and acknowledged in proper form for recording by one-hundred (100%) percent of said Owners and (iii) signed and acknowledged in proper form for recording by a majority of the Trustees of the 12-14 Anchorage Lane Condominium Trust; and (iv) duly recorded in the Barnstable County Registry of Deeds. The date the Amendment is first signed by a Unit Owner or Trustee of the 12-14 Anchorage Lane Condominium Trust, shall be indicated thereon as the date of such instrument, and no such instrument shall be of any force or effect unless and until the same has been recorded in the Barnstable County Registry of Deeds within six (6) months after such date. 12-14 Anchorage Lane Condominium Unit Owners' Association 4 The name of the Trust that has been formed and through which the Unit Owners will manage and regulate the condominium hereby established is the 12-14 Anchorage Lane Condominium Trust under Declaration of Trust dated __________________________, to be recorded herewith. Said Declaration of Trust establishes that all Unit Owners in the Condominium hereby established shall be beneficiaries of said Trust, and that the beneficial interest of each Unit Owner in said Trust shall be the same percentage interest as his percentage of undivided interest in the common areas and facilities as established by this Master Deed. The mailing address of said Trust is258 Derby Street, Unit #7, Newton, Massachusetts 02465. The Trustees have enacted Bylaws pursuant to Massachusetts General Laws, Chapter 183A, which are set forth in the Declaration of Trust of said Trust which is recorded herewith. The present Trustees are: a. Angleo Gigliotti, 14 Anchorage Lane, Falmouth, Massachusetts b. Orazio Santangelo, 12 Anchorage Lane, Falmouth, Massachusetts. The Condominium hereby established shall be known as the “12-14 Anchorage Lane Condominium”. All Units Subject to Master Deed, Unit Deed, and Bylaws and Rules and Regulations of the 12-14 Anchorage Lane Condominium Trust All present and future owners, tenants, visitors, servants and occupants of units and Parking Spaces shall be subject to, and shall comply with, the provisions of this Master Deed as the same may be from time to time amended, the Unit Deed, the 12-14 Anchorage Lane Trust, and the Bylaws, and Rules and Regulations of the 12-14 Anchorage Lane Condominium Trust as the same may be from time to time amended, and the rights, easements, agreements and restrictions of record and all matters set forth on Exhibit A hereto insofar as the same now are, or will be in the future, in force and applicable. The acceptance of a deed or conveyance or the entering into a lease or into occupancy of any unit or Parking Space shall constitute an agreement that the provisions of this Master Deed as the same may be from time to time amended, and the said rights, easements, agreements and restrictions, and all matters set forth on Exhibit A hereto, and the Unit Deed, and the Condominium Trust and the Bylaws and Rules and Regulations thereto, as the same may be from time to time amended, are accepted and ratified by such owner, tenant, visitor, servant or occupant. 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 unit or Parking Space as though such provisions were recited or stipulated at length in each and every deed or conveyance or lease or occupancy agreement hereof. Invalidity The invalidity of any provision of this Master Deed 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 provisions of this Master Deed shall continue in full force and effect as if such invalid provision had never been included herein. Waiver No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches that may occur. 5 Captions The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed or the intent of any provisions hereof. Conflicts This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts. In case any of the provisions stated above conflict with the provisions of said statute, the provisions of said statute shall control. Executed under seal this day of , 2025. 12-14 Anchorage Lane LLC __________________________________ ____________________________ Angelo Gigliotti, Manager witness: COMMONWEALTH OF MASSACHUSETTS County of:__________________ On this___ day of _____________, 2025, before me, the undersigned notary public, personally appeared Angelo Gigliotti, proved to me through satisfactory evidence of identification, which was ______________________________ to be the same person(s) who signed the preceding or attached document in my presence, who acknowledged the foregoing instrument to be his free and voluntary act and deed for its stated purposes and who swore or affirmed to me that the contents of the document are truthful and accurate to the best of his knowledge and belief. ___________________________ Notary Public Print Name_______________________ My Commission Expires 6 EXHIBIT A DESCRIPTION OF LAND The land with the buildings thereon, known and numbered as 12-14 Anchorage Lane, situate in Yarmouth (West), Barnstable County, Massachusetts, bounded and described as follows: SOUTHERLY: by the northerly sideline of Anchorage Lane, as shown on plan hereinafter mentioned, one hundred fifteen and 96/100 (115.96) feet; WESTERLY by Lot 1, as shown on said plan, one hundred seventy-eight and 06/100 feet; NORTHERLY by land of South Sea Village, Inc., as shown on said plan, one hundred one and 87/100 (101.87) feet; and EASTERLY by Lot 3, as shown on said plan, one hundred seven and 61/100 (107.61) feet. Being shown as Lot 2 on a plan of land entitled “Subdivision Plan of Land in (West) Yarmouth, Mass. For William H. & Joanne F. Harrison Scale: 1” = 30’, October 22, 1965, Mercer Engineering Corp. South Yarmouth, Mass.”, which said plan is duly filed in Barnstable County Registry of Deeds in Plan Book 199, Page 3.