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HomeMy WebLinkAboutCrowell Heritage Condominium Master Deed 08.23.23Bk 35952 F'233 �334dr1 08-23-2023 & 12 = 35ss CROWELL HERITAGE CONDOMINIUM MASTER DEED ANDREW LAIRD and CYNTHIA LAIRD, of 181 South Sea Avenue, West Yarmouth, Massachusetts 02673 (hereinafter referred to as the "Declarant" and/or "Seller"), being the sole owners of the land at 185 South Sea Avenue, 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 thereon, and all easements, rights and appurtenances belonging thereto (hereinafter referred to as the "Condominium"), to the provisions of Chapter 183A of the General Laws of the Commonwealth of Massachusetts, and do hereby state that they propose to create, and do hereby create, with respect thereto, a Condominium to be governed by and subject to the provisions of said Chapter 183A. 1. Description of Land. The land and buildings thereon, located in Yarmouth (West), Barnstable County, Massachusetts, described as follows: Lot 3A as shown on a plan entitled "Plan of Land of # 181 & ## 185 South Sea Avenue, West Yarmouth, MA Prepared for Andrew Laird Date: July 13, 2023" duly recorded in the Barnstable County Registry of Deeds in Plan Book 701, Page 12, consisting of approximately 50,049 square feet, being a portion of the property described in a deed recorded in Book 35024, Page 301. PROPERTY ADDRESS: 185 South Sea Avenue, West Yarmouth, Massachusetts 02673 The above described premises 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. There is one (1) residential unit contained in one building (Building A) and one (1) residential unit contained in the other building (Building B) (collectively "Residential Units"). The Buildings are constructed primarily of wood, and are of 2 stories. The foundation of Building A is concrete and the foundation of Building B is brick. The Buildings are located at 185 South Sea Avenue, West Yarmouth, Massachusetts 02673. Each Building or Unit, as defined herein, may be altered, extended or replaced, but only with the prior written consent of 100% of the Trustees created on this date, and only when such alteration, extension, and/or replacement has been approved by the Town of Yarmouth, and the Unit Owner secures all necessary permits and approvals. Any costs to facilitate an amendment to this Master Deed or the Condominium Trust created on even date herewith which is necessitated by said alteration, extension, and/or replacement shall be borne solely by the Unit Owner seeking to alter, extend and/or replace their Unit. Bk 35952 Pg234 #33441 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 are as follows: The boundaries of the Units contained in the Buildings are the entire structure of the building, from and including the lower surface of the foundation up to and including the top of the roof surface; and including the entire interior and exterior of the building (inclusive of decks, patios, porches, walks, stoops, garages, chimneys, steps and bulkhead), and any shed or accessory outbuilding which is accessory to each Unit. The Unit shall also include all components of the subsurface sewage system which exclusively serves that particular Unit. The common wall between the existing sheds shall be common area, and the will be maintained, repaired and/or replaced by the owner of each Unit. The owner of each respective Unit shall have the exclusive right to use, occupy, maintain, and improve the area designated for each Unit as "Exclusive Use Area" on the Site Plan recorded herewith, including any and all exterior steps, bulkheads, porches, patios, docks, stoops, decks, balconies, outside showers, the respective yards, lawns, gardens, roads, walks or walkways, and the improvements of each Unit, thereon and thereof, and all other exterior structures, and the Condominium Land located within the "Exclusive Use Area" of each Unit. The "Exclusive Use Area" for each Unit shall be denoted on the Site Plan. Each Unit Owner shall have an easement for any utility line or meter which may be located in an Exclusive Use Area, for purposes of inspection, repair, or replacement of same. 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. (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). Any central service which serves one Unit shall be the sole responsibility of the owner of that Unit. Any central service which enters the property and is then separately metered will be a common element until it meets the separate meter, at which point said central service, from the entry to the meter to the Unit, shall be the sole responsibility of the owner of the Unit which it serves. Bk 35952 Pg235 #33441 (c) All conduits, chutes, ducts, plumbing, wiring, flues and other facilities for the furnishing of, utility services or waste removal which are contained in portions of the Building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Units other than the Unit within which such facilities are contained. (d) The maintenance, upkeep, repair and replacement of the Title 5 Septic Sewage Disposal Systems serving each Building shall be the responsibility of the respective owners of Units A and B. (e) Each of the Units (Owners) shall have a license for the exclusive use of at least two (2) parking spaces, as described in the Unit Deeds and Schedule A annexed hereto, the location of which shall be as shown on the hereinafter referenced condominium Site Plan. (f) All retaining walls, bulkheads, the parking lot, its asphalt and pavers, grassy areas, driveways, transformers, blowers, brick walks, drainage systems and all other areas denoted on the Site Plan which are not part of the Units. (g) Such additional common areas and facilities as may be defined in Chapter 183A. 5. Floor Plans and Site Plan Prior to the recording hereof, there has been recorded with the Barnstable County Registry of Deeds a set of floor plans of the Building, entitled, "Crowell Heritage Condominium Floor Plan" for #185 South Sea Avenue, West Yarmouth, Massachusetts (Barnstable County), Date:NlarG :0, 2023, Scale 1"= 10', by Down Cape Engineering, Inc., consisting of one (1) sheet and showing the layout, location, Unit numbers and dimensions of the Units, and stating the name of the Building, and bearing the verified statement of Daniel A. Ojala, 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 "Crowell Heritage Condominium Site Plan" for #185 South Sea Avenue, West Yarmouth, Massachusetts (Barnstable County), Date: Akm c , 2023, Scale 1"— 20', by Down Cape Engineering, Inc., consisting of one (1) sheet. The Floor Plan is recorded in Plan Book 701 , Page and the Site Plan is recorded in Plan Book "? U 1 , Page 77 b. Use of Building and Units. The Units are intended only for and may be used only for year-round residential purposes. 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 Crowell Heritage Condominium Trust, which trust is hereinafter described. The Units and the Common Elements may be used only for such residential purposes, and accessory uses as are commonly undertaken in connection with such purposes and are subject to rules and regulations adopted from time to time by the Trustees of the Crowell Heritage Condominium Trust recorded herewith Bk 35952 Pg236 #33441 The Crowell Heritage Condominium Trust and the condominium Unit Owners are, by acceptance of a unit deed for the condominium, subject to a Decision of the Yarmouth Zoning Board of Appeals dated June 23, 2023 and recorded in the Barnstable County Registry of Deeds in Book 35903, Page 140. 7. Amendment of Master Deed. This Deed may be amended only by unanimous vote of the beneficial interest of all Unit Owners, in person or by proxy at a meeting duly held in accordance with the provisions of the Condominium Declaration of Trust; or in lieu of a meeting, any amendment may be approved in writing by 100% in beneficial interest of all Unit Owners. 8. Name of Condominium. The Condominium is to be known as "Crowell Heritage Condominium". A trust through which the Unit Owners will manage and regulate the Condominium has been formed pursuant to said Chapter 183A. The name of the trust is "Crowell Heritage Condominium Trust". The name and mailing address of the initial Trustees of the Trust are: Andrew Laird and Cynthia Laird, of 181 South Sea Avenue, West Yarmouth, Massachusetts 02673. The Declaration of Trust contains by-laws enacted pursuant to said Chapter 183A. 9. Determination of Percentages in Common Elements. The percentages of interest 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 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 Common Elements located in any of the other Units if serving his Unit. Each Unit shall be subject to an easement in favor of the owners of all other Units to use the pipes, wires, ducts, flues, cables, conduits, public utility lines and other 4 Bk 35952 Pg237 #33441 Common Elements serving such other Units and located in such Unit. The Condominium Trustees shall have a right of access to each Unit to inspect the same, to remove violations therefrom, and to maintain, repair or replace the Common Elements contained therein or elsewhere in the Building. 12. Units Subject to Master Deed, Unit Deed, Declaration of Trust, and Rules and Regulations. All present and future owners, tenants, visitors, servants, and occupants of Units shall be subject to, and shall comply with, the provision of the Master Deed, the Unit Deed, the Condominium Declaration of Trust, and the Rules and Regulations, as they may be amended from time to time, and the items affecting the title to the Condominium as set forth in Paragraph I above. The recordation of a deed or the entering into occupancy of any Unit shall constitute an agreement that: (a) the provisions of this Master Deed, the Unit Deed, the Condominium Declaration of Trust, the Rules and Regulations, annexed to the Condominium Declaration of Trust, and the floor plans of the Condominium recorded simultaneously with and as a part of this Master Deed, as the foregoing may be amended 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. 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 Seiler 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 Owner. 14. Invalidity. The invalidity of any provision of this Master Deed shall not be deemed to impair or affect the validity of the remainder of this Master Deed, and 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. Bk 35952 Pg238 #33441 15. 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 which may occur. 16. Provisions for the Protection of Mortgagees Notwithstanding anything in this Master Deed or in the Condominium Trust and By - Laws to the contrary, the following provisions shall apply for the protection of the holders of the first mortgages (hereinafter "First Mortgagees") of record with respect to the Units and shall be enforceable by any First Mortgagee: (a) In the event that the Unit Owners shall amend this Master Deed or the Condominium Trust to include therein any right of first refusal in connection with the sale of a Unit, such right of first refusal shall not impair the rights of a First Mortgagee to: (i) Foreclose or take title to a Unit pursuant to the remedies provided in its mortgage; or (ii) Accept a deed (or 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. (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 iUnifs unpaid common expenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee; (d) Any and all common expenses, assessments and charges that may be levied by the Trust in connection with unpaid expenses or assessments shall be subordinate to the rights of any First Mortgagee pursuant to its mortgage on any Unit to the extent permitted by applicable law; (e) A lien for common expenses assessments shall not be affected by any sale or transfer of a Unit, except that a sale or transfer pursuant to a foreclosure of a first mortgage shall extinguish a subordinate lien for assessments which became payable prior to such sale or transfer. However, any such delinquent assessments which are extinguished pursuant to the foregoing provision may be reallocated and assessed to all Units as a common expense. Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit from the lien of, any assessments made thereafter. 6 Bk 35952 Pg239 #33441 (f) Unless each of the institutional first mortgage lenders holding mortgages on the individual units at the condominium have given their prior written approval, neither the Unit Owners nor the Trustees of the Condominium Trust shall be entitled to: (i) By act or omission, seek to abandon or terminate the Condominium except in the event of substantial destruction of the Condominium premises by fire or other casualty or in the case of taking by condemnation or eminent domain; (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 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 Commonwealth of Massachusetts shall relate only to the individual units and not to the Condominium as a whole; (h) In no case shall any provision of the Master Deed or the Condominium Trust give a Unit Owner or any other party priority over any rights of an institutional first mortgagee of the Unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or a taking of such Unit and/or the Common Areas and Facilities of the Condominium; (i) An institutional first mortgage lender, upon request to the Trustees of the Condominium Trust, will be entitled to: 7 Bk 35952 Pg240 #33441 (i) Written notification from the Trustees of the Condominium Trust of any default by its borrower who is an Owner of a Unit with respect to any obligation of such borrower under this Master Deed or the provisions of the Condominium Trust which is not cured within sixty (60) days; (ii) Inspect the books and 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; (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 amended or rescinded without the written consent of all First Mortgagees, which consent shall appear on the instrument of amendment as such instrument is duly recorded with the Registry of Deeds in accordance with the requirements of this Master Deed. 17. 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 nor the intent of any provision hereof. 18. Conflicts. 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. Bk 35952 Pg241 #33441 19. Right of First Refusal. There shall be a Right of First Refusal with respect to all sales of Condominium Units in favor of, first the Declarant, and second, the non -selling Unit Owner. No Unit Owner shall sell, transfer, or convey a Unit to any person or entity unless (a) said Declarant has received a bona fide offer to purchase the same, (b) said owner has given the Declarant written notice stating the name and address of the Offeror and the terms and conditions of said offer and the encumbrances subject to which the unit is to be conveyed, and containing an offer by said owner to sell said unit to the Declarant and (c) said Declarant shall not within fourteen (14) days after receipt of such notice have given said owner written notice of the election 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 office of Declarant's attorney, or some other agreeable location, at 2:00 p.m. on the thirtieth (30`h) business day after the date of giving of such notice of election to purchase. In the event that said Dcclarant shall not elect to so purchase, then the selling Unit Owner shall not sell, transfer, or convey a Unit to any person or entity unless (a) said non -selling Unit Owner has received a bona fide offer to purchase the same, (b) said owner has given the non - selling Unit Owner written notice stating the name and address of the Offeror and the terms and conditions of said offer and the encumbrances subject to which the unit is to be conveyed, and containing an offer by said owner to sell said unit to the non -selling Unit Owner and (c) said non -selling Unit Owner shall not within ten (10) days after receipt of such notice have given said owner written notice of the election to purchase said unit in accordance with said offer. In the event that the said non -selling Unit Owner shall elect to purchase the said unit, the deed to the non -selling Unit Owner shall be delivered and the consideration paid at the paid at the office of non -selling Unit Owner's attorney, or some other agreeable location 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 both said Declarant and the non -selling Unit Owner 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 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 pursuant to the terms hereof shall be submitted to arbitration for resolution. The parties agree that arbitration shall be the exclusive procedure with respect to such dispute, and any award or decision made pursuant to such arbitration shall be final and binding and enforceable in ay court of appropriate jurisdiction. Any Unit Owner aggrieved by any decision or action of the Trust in the administration of the Condominium shall have the remedy recited in Article IX of the Trust. G] Bk 35952 Pg242 #33441 WITNESS the execution hereof, under seal, this 231d day of August, 2023. Andrew Laird. Cynt pia ..Orirer COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this 23`d day of August, 2023, before me, the undersigned notary public, personally appeared Andrew Laird and Cynthia Laird, proved to me through satisfactory evidence of identification, namely Massachusetts Driver's Licenses, to be the persons whose names are Kgn�id on the preceding or attached document, and acknowledged to me that they signed it vol tarily forted purpose. Notary Public My Commission Expires: SEAL HERE i0 Bk 35952 Pg243 #33441 MASTER DEED OF CROWELL HERITAGE CONDOMINIUM Schedule A Description of Buildings The buildings comprising the Condominium consist of two buildings containing a total of two units as follows: Building A comprises Unit A and Building B comprises Unit B. The Buildings are of wood frame construction, constructed with wooden exterior walls, wooden framing, windows and screens with glass and flush wooden doors. All as more accurately described on the Crowell Heritage Condominium floor plans recorded herewith. UNIT DESCRIPTIONS AND FEATURES # of Apx. Unit Floors 4 of Rooms Bdrms 5 .. Ft. A 2 13 4 2,426f s/f B 2 7 1 2,277� s,'f Undivided Interest Unit % 50.00% 50.00% Total Undivided Interests 100% The hereinabove percentages are in the approximate relation to the fair value each Unit bears to the aggregate fair value of all the Units as of the date hereof. OTHER UNIT DESCRIPTIONS AND FEATURES The Unit dimensions shown on the plans include the entire building structure in which the units are located as more fully 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. Unit Owners who seek to alter, extend or replace their Unit, as long as accomplished in accordance with Paragraph 2 hereof, will not be constrained by the Unit Descriptions and Features listed above, as they are only descriptive of the Units as they exist on the date of this document. 11 Bk 35952 Pg244 #33441 The Units (Owners) are hereby granted an exclusive use license for at least two (2) parking spaces each as follows: Unit Parking_Spaces as Shown on Site Plan A 2 spaces denoted on the site plan B 2 spaces denoted on the site plan BARNSTABLE REGISTRY OF DEEDS John F. Meade, Register