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.
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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.
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(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
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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
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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.
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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.
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(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:
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(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.
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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]
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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
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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.
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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