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HomeMy WebLinkAboutPilgrim Acres Village Condominium Master Deed Recorded May 26 1977A. w dgu .r, U14W v v ev °� eS aw .oi x SS gom 19 wa N V�1 as v uu go da M ►r to de 1+ 4 go a P. 4 O Ww vow. 4"HIS AM DWMMIH6 ATYO� AT LAW mom N MAOMAO. RAM. MON . a. to 2516 ►Kt 253 MASTER DEED of the 12413 PILGRIM ACRES VILLAGE CONDOMINIUM RAYMUND H, DECKER and MARILYN L. DECKER, sole owners of the premises in Yarmouth (Base River), Barnstable County, Massachusetts, hereinafter described, by duly executing and recording this Master Deed do hereby submit said premises to the provisions of Chapter 183A of the General Laws of Massachusetts and propose to create and do hereby create a condominium to be governed by and subject to the provisions of Chapter 183A, and to that end declare and provide the following; 1. Name: The name of the condominium shall be PILGRIM ACRES VILLAGE CONDOMINIUM 2. Description of Land: The premises which constitute the CONDOMINIUM consist of the land, with the buildings there- on, situated in Yarmouth (Bass River), Barnstable County, Massachusetts, and is described in Exhibit "A," annexed hereto and made a part thereof. 3. Description of the Buildings: There are twenty- four (24) buildings, designated, described, containing units and consisting of stories as follows; (a) Buildings A, B. C. D, E. F, G. 11, I, J, K. L, M, N. P, Q. R, S. T. U, V, and W are one-story structures of wood frame construction, with wood siding, asphalt shingle roofs, and each contains one (1) unit. (b) Building "0" is a two-story structure, of wood frame construction, with wood siding, asphalt shingle roof and contains two units I a w 2UG FILE 2S4 i (c) The laundry -storage building, a part i of the common elements, is a one-story I ' structure, with partial basement, of i wood frame construction, with wood aiding, asphalt shingle roof, and does not contain any units. 4. Designation of Unite and their Boundaries: The CONDOMINIUM units (hereinafter referred to as "the Units") and the designations, locations, approximate areas, numbers of rooms, immediately accessible common areas and other des- criptive specifications thereof are as set forth in Exhibit "B," hereto annexed. The boundaries of those Unite contained in Buildings A, B. C. D, E, F, G, H, I, J, K, L, M. N. P, Q, R, S. T, U, V, and W with respect to the floors, ceilings and the walls, doors and windows thereof are as follows: (a) Floors: The plane formed by the lower sur- faces of the beams or plates supporting the floor joists. (b) Roofs: The exterior surface of the roof shingles including chimneys and vent pipes, if any. i (c) Exterior Building Walls, Doors and Windows. As to walla, the exterior surface of the shingle& or other sidings, and shall include bulkheads and stairs to common area; as to doors, the exterior surface thereof; and as to windows, the exterior surfaces of the glass and of the window frames. The boundaries of those Units contained in Building "O" with respect to floors, ceilings, TEM. SAMM Alw AYIHIINO ATNNrIIY• AT up AOtlR M - 2- NNWW NAM OMN ua 2516 FUE 265 exterior walls, doors and windows are as set forth immediately above. The boundary of each of those Units with respect to interior building walls is the plane of the surface facing such unit of the wall studs. As to those units with covered or enclosed porches, the bob daries in the porch area are as follows: (a) Floors: The plane of the lower surface of beams or plates supporting the floor joists, or if none, then the lower surface of the floor joists; except where the floor is of concrete, the boundary is the upper surface of the concrete. (b) Roofs: The exterior surface of the roof shingles. (c) Exterior Building Walls and Doors: As to walls, the vertical plane extending from the perimeter of the deck to the perimeter of the roof; and as to doors, the exterior surface thereof. As to units with decks, the boundaries in the deck area shall be measured by the exterior surfaces of the decks them- selves. Each Unit is subject to and has the benefit of an easement of encroachment in the event that said Unit encroaches upon any other Unit or upon any portion of the Common Elements or in the event that any other Unit or the Common Elements encroach upon said Unit, as a result of the construction of the Building of which said Unit is a part or as a result of the settling or shifting of said Building to the extent of said encroachment. Each Unit is subject to an easement for the benefit of the other Units to use the pipes, wires, ducts, flues, conduits, cables, public utility lines and other Common Elements located Tan". OANN!/ AM OLINNINO AWOONXTS AT LAW mom u - 3 - NA "P" "AM 04W H I f Ts,an. �AfIMp AT� AT 4A1r j „saes p "urn eeAM, aAer w 2316 rut 256 in such Unit and serving other Units or Common Elements. 5. Common Areas and Facilitiea: The common areas and facilities of the CONDOMINIUM consist of: (a) the land above described, together with the benefit of and subject to the matters set forth in Section 2 above; and (b) installations of central services, including but not limited to power, light, gas, hot and cold water, and sewer systems, to the extent that such installations serve more than one (1) Unit or are contained in or permanently affixed to any other common areas or facilities, together with an easement of access thereto, for mainten- ance, repair and replacement; and (c) the yards, lawns, gardens, walkways and the improvement thereon and thereof, including walls, bulkheads, railings, steps, lighting, fixtures and planters; and (d) the laundry -storage building, the swimming pool and schuffle board courts; and (a) such additional common areas and facilities as may be defined in Chapter 183A. The owners of each Unit shall be entitled to an undivided interest in the common areas and facilities in the following percentages set forth opposite each Unit: Percentages of Common Unit Designation Areas and Facilities 1 3.372 2 3.372 3 4.856 4 4.856 5 3.372 6 3.372 7 4.856 8 4.856 9 3.372 - 4 - I i i 5 ox 261E rocs 257 Unit Desienation 10 11 12 13 14 15 ji 16 17 ' 18 19 20 21 22 23 24 Percntages of Common Area: and Facilities 3.372 4.056 3.372 5.491 5.915 6.126 2.947 3.583 4.220 3.583 4.220 3.583 4.220 4.432 3.796 The common areas and facilities shall be subject to the pro- visions of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST, herein- after referred to and to rules and regulations promulgated pursuant thereto with respect to the use thereof, assignments of certain such facilities to particular Unit Owners (as, for example, storage space or parking space), and payments required therefor. 6. Flour Plane; The floor plans of the Buildings showing. tho layout, location, unit numbers and dimensions of Units, stating the name of the buildings, and bearing the verified statement of a registered engineer or land surveyor, certifying that the plans fully and accurately depict the same, drawn by Southern Vermont Engineering, Inc., dated April 26, 1977, are captioned "Pilgrim Acres Village Condominium" and are in two sheets attached hereto as follows: (1) "Site Plan"; (2) "Floor Ylans." 7. Purp_ob_e_a. The Buildings and the Units and other facilities are intended primarily for seasonal use, and the Unite are not intended as permanent year round primary dwell- ings. Provided that nothing contained herein shall prohibit (1) the permanent year round use of Unit 15 as a primary dwell- ing, (2) the occasional use of the Units during any time of the year, or (3) the renting of Unite by Unit owners. � nm�r, uuka aq ou"" e •traaw 4r uw mom N MMMl4� P4M. 04N0 i -5- i I I w M6 va 259 f t 1 t 8, Restrictions on Use: Unless otherwise permitted by instrument in writing duly executed by the Trustees of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST pursuant to provisions of the By-laws thereof: (a) no Unit shall be used for any purpose other than a purpose permitted under Section 7. above; (b) each owner of a Unit shall be responsible for maintaining his own Unit, including but not limited to the plumbing, heating, roof, doors, windows and siding thereof, and the coat of such maintenance shall not be a common expense; (c) 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, awning, screen, antenna, sign, banner or other device, and no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to any such Unit or any part thereof, no addition to or change or replacement of any exterior light, door knocker or other exterior hardware shall be made, and no painting, attaching of decalcomania or other decoration shall be done on any exterior part or surface of any Unit nor on the interior surface of any window, without the written consent of a majority of the Trustees of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST, but thia,subparagraph I Taw. HARM ADO ou"11M ffreft ri AZ L%W owim a - G - rarrwo N , L k eA 2516 isa 259 (c) shall not restrict the rights of Unit owners to decorate the interiors of their Units as they may desire; and (d) no Unit shall be used or maintained in a manner contrary to or inconsistent with the By-laws of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST and regulations which may be adopted pursuant thereto. Said restrictions shall be for the benefit of the owners of all of the Units and tha Trustees of the PILGRIM ACRES VILLAGE CONDOMINIUM 'TRUST as owners of the common areas and facilities, shall be enforceable solely by said Trustees, and shall, insofar as permitted by law, be perpetual; and to that end may be extended by said Trustees at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No Unit owner shall be liable for any breach of the provisions of this paragraph except such as occur. during his or her ownership thereof. 9. Amendments: This Master Dead may be amended by an inatrument in writing (a) signed by the owners of Unite entitled to seventy-five percent (75%) or more of the undivided interests in the common areas and facilities; (b) signed and acknowledged by a majority of the Trustees of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST; and (c) duly recorded with the Barnstable County Registry of Deeds, PROVIDED, HOWEVER, that: A. the date on which any such instrument is first signed by a Unit owner shall be indicated thereon as the date thereof and no such instrument shall be of any force or effect unless the same has been so recorded within six (b) months after such date; B. no instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the ruMr, •AIINw A!O OUNNINO ATTORKM AT 6AW ■owa u ■AGNMM rAw Nm - 7 IMRV w&a Ale CUM" At� A} MN som M MAC. MAM. "Ii 2515 FEE 2W same has been signed by the owners of the Unit so altered; C. no instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the common areas and facilities shall be of any force or effect unless the as= has been signed by the owners of all of the Units and said instrument is therein designated as an emended Master Deed; D. no instrument of amendment affecting any Unit subject to a first mortgage of record thereon held by a bank, credit union, insurance company, or other institutional lender, or a purchase money second mortgage held by the Grantor or his hairs or assigns shall be of any force or effect unless the same has been assented to by such holder, which assent shall not be unreasonably with- held, and E. no instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of said Chapter 183A of the General Laws of Massachusetts shall be in any force or effect. 10. Trust: The trust through which the Unit Owners will manage and regulate the CONDOMINIUM established hereby is the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST under Declaration of Trust, dated May sAVO 1977, to be recorded herewith. Said Declaration of Trust establishes a membership organization of which all Unit Owners shall be members and in which such owners shall have an interest in proportion to the percentage of undivided interest in the common areas and facilities to which they are entitled hereunder. The names and addresses of the original and present trustees thereof (therein designated as -8- w2516 rots: 2.81 the Trustees thereof) are as follows: Kenneth A. Grady 72 Fawcett Lane Hyannis, Massachusetts 02601 Harry B. Miller, Jr. 22 Hawes Avenue Hyannis, Massachusetts 02601 i Raymond H. Decker 58 Captain Blount Road South Yarmouth, Massachusetts 02664 Said Trustees have enacted By-laws, which are set forth in said Declaration of Trust, pursuant to and in accordance with pro- visions of Chapter 183A of the General Laws of Massachusetts. 11. The Units and common areas and facilities, and Unit owners and Trustees of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST, shall have the benefit of and be subject to the pro- visions of Chapter 183A of the General Laws of Massachusetts, and in all respects not specified in this Master Dead or in the Declaration of Trust of the PILGRIM ACRES VILLAGE CONDOMINIUM TRUST and the By-laws set forth therein shall be governed by provisions of Chapter 183A in their relation to each other and to the CONDOMINIUM established hereby, including, without limits-. tion, provisions thereof with respect to common expenses, funds and profits, with respect to removal of the CONDOMINIUM premises or any portion thereof from the provisions of said Chapter 183A. 12. Definitions: All terms and expressions herein used which are defined in Section I of Chapter 183A shall have the same meanings herein unless the context otherwise requires, 13. Invalidity: The invalidity of any provisions of this Master Deed shall not be deemed to impair or effect in any manner the validity, enforceability or effect of the remainder of this Master Deed and, in such event, all of the other pro- visions of this Master Deed shall continue in full force and I effect as if such invalid provisions had never been included I herein. rNUlmc G/twNa 4" DUNNING A7tCGMRG A7 uuw , M1 M MASHM YAM. OpM - - k VA 2X6 W,( 2 I 14. Conflicts: This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts. Incase of any of the provisions stated above conflict with the provisions of said statute, the provisions of said statute shall control. IN WITNESS WHEREOF, THE SAID RAYMOND H. DECKER and MARILYN L. DECKER hereunto set their hands and seals this 2-010day of May 1977. COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, SS. May _r , 1977 Then personally appeared the above -named %ad- Marilyn L. Decker, and acknowledged the foregoing instru- ment to be b10im free act and deed, before me. i 1". euuaa Am Wj"IAY 4nmwa s rn LM _ 10 _ arm M KAM"& lFM& an* T. ew%29'iB tnt 263 EXHIBIT "A" - MASTER DEED A certain parcel of land with the buildings thereon situated in i Yarmouth (Bass River), Barnstable County, Massachusetts, bounded I and described as followas u WESTERLY by Seaview Avenue, as shown on plan hereinafter mentioned, 360.1581 NORTHERLY by land now or formerly of Gorman Clift, 396.5111 EASTEOLY by land now or formerly of John Hassel, John i� McCormack, Mary Corcoran, James Carrol, Uriel Tuft and Frank Leonard, 342.78't i SOUTHERLY by land now or formerly of Joseph Prior, MacPherson and Lionetta, 403.671. All as shown on a plan of land entitled "Pilgrim Acres Village i I Condominium" drawn by Southern Vermont Engineering, Inc. recorded herewith, and the Plan Hook and Page reference for said plan is as noted in marginal reference on the first page of this Master I Deed. A portion of the land above described is Registered land, and the remainder is Unregistered land. For title, see dead from Robert R. Surrette and Anita G. Surrette, Trustees, recorded in Barnstab County Registry of Deeds in Book 1436, Page 449. Also, see Certificate of Title No. 45488. This declaration of this land is subject to and with the benefit of easements, restrictions, agreements and reservations of record. l I TZKR+ �►xwn it Am unnime ATTOl m AT MW MW"M {I MUM." mum. OU46 ii 1 r ee 2546 etc 264 QI OG W O N m ld NmN 6 � .wl ►Oi }p1$$4101►pJ 10ifOiN H rp1lp+Ipl NN NNHNIOs0�00 ss �UC7tStSc9�scat9[9�7ctica�at�canchc��c� Ill .. r N N �+ `•� Il'I `� .. d' If1 .-. N .-. Ifl .. U'1 V r�+dk14 ,�aayyl�+;'O✓IOi�N+>FO+ x xa��xyx?xP� C.C.NtO E 4,r"Op 04 'A rAm"6Ncktu0'v11�NkNihOi O 000-IOr-40 OO 1n1cO4�u"�.7�D�7MAW a' O O�7.tOO�''Idoo�YO�D riONO�aDO+0O�a0 OO N m M e+1 Vl +l1 M O'7 Y1 V1 N1 Lh vl K1 �D � N Pl S+1 .t M Il1 IM1 � u1 tT1 p v W N C6 E Tom. 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