Southfields Resident Association, Inc.
Protective Covenants, Restrictions, Rights and Reservations
DECLARATION made this 21st day of March, 1985, by Kordis Development Corporation of Sandwich. Barnstable County, Massachusetts, (hereinafter called "GRANTORS").
WHEREAS, GRANTORS are the owners of certain real property situated in the Town of Sandwich. Barnstable County, Massachusetts, hereinafter called "the Premises", as evidenced by Certificate of Title Numbers; 99664 and being shown as Lots 4 through 187 on a plan entitled "A Subdivision Plan o f Land in Sandwich, Mass." prepared by Crowell & Taylor Corp., Wilfred E. Taylor Surveyor, dated April 13, 1973 and being Land Court Plan No. 35769B and recorded with the Barnstable County of Deeds in the Land Court Section with Certificate Number 56155 and Lots 3 through 29 on a plan entitled "Subdivision Plan of Land in Sandwich, Mass." prepared by Crowell & Taylor Corp., Wilfred E. Taylor, Surveyor dated May 17, 1973 and being Land Court Plan Number 36266B and recorded with the Barnstable County Registry of Deeds in the Land Court Section with Certificate Number 60537, which plans reference may be made for a more particular description o f the Premises (hereinafter called "the Plans");
WHEREAS, the GRANTORS wish to impose certain restrictions on the Premises which will preserve its rural character, enhance the residential living environment, insure adequate open space and privacy and provide for substantial homes of a traditional Cape Cod architectural design.
WHEREAS, there exist roadways which will provide ingress and egress in which there will be installed underground electricity, telephone and drainage lines to provide such services to the Premises;
WHEREAS, there is to be formed under Chapter 180 o f the Massachusetts General Laws a non-profit corporation entitled Southfields Resident Association, Inc. whose members shall be the Owners o f Lots in the Premises;
NOW, THEREFORE, the GRANTORS for themselves, their successors and assigns, declare as follows:
1. Except as expressly provided herein, the easements, rights and privileges established, created and granted by this instrument shall be for the benefit of, and restricted solely to, the owners from time to time o f lots in the Premises ("Owners") their immediate families, their
tenants and the immediate families o f such tenants and their guests, who are residents in occupancy o f dwelling units in the Premises, for the duration of their tenancies, but the same is not intended nor shall it be construed as creating any rights in or for the benefit of the general public or any rights in or to any portion of the Premises not specifically set forth herein.
2. All improvements in the Premises shall be constructed and maintained in accordance with this Protective Covenant. None of the Lots shall be further subdivided.
3. All utility lines installed or constructed in the Premises by any person shall be underground.
4. GRANTORS hereby establish and create for the benefit of the Owners and hereby give, grant and convey to each of them the following easements, rights and privileges:
(a) Rights to connect with, make use of, maintain, repair and replace underground utility lines, pipes, conduits and drainage lines which may from time to time be located on or ways shown on the Plans, provided that all damage caused by the exercise o f such rights is promptly repaired, including without implied limitation the restoration of all surface areas to their condition immediately prior to such exercise; provided, however, each Lot Owner shall be responsible for an equal share of the costs o f maintaining the road and repairing and replacing any utility lines therein.
Any charges for the maintenance of such common areas shall, upon filing of a notice in the Barnstable Land Registration Office by Grantors or Southfields Residents Association, Inc., constitute a lien on such lot.
5. The Premises are hereby declared subject to the following Restrictive Provisions which shall remain in force until December 31, 2010, unless extended by notice recorded by GRANTORS with the Barnstable County Land Registration District:
(a) No buildings or other structures of any kind shall be erected, placed or allowed to stand on each Lot except one dwelling unit, designed as a residence for one family together with an attached garage at least 14 feet wide x 22 feet long.
(b) No dwelling unit shall be used for any other purpose than as a dwelling for one family and incidental business activities. No advertising signs shall be displayed thereon, except such signs as may be approved by GRANTOR or their agents. No loam, sand, gravel, except that resulting from landscaping or from construction permitted under this Protective Covenant, shall be removed from the Premises.
(c) Buildings constructed on any lot shall be set back at least 50 feet from the pavement and. shall be substantial homes of a traditional rural Cape Cod style, such as colonial, ranch, cape and similar designs. Any ranch constructed on a lot shall have a minimum o f 1,040 square feet of living space, exclusive o f garage, and any other design (such as cape, colonial, etc.) constructed on a lot shall have a minimum of 850 square feet o f living space on the first floor, exclusive of garage. Any building constructed, regardless o f style, shall have a minimum of a Seven (7) pitch roof. No buildings, fences, clothes-drying facilities or other structures of any kind or exterior additions or alterations thereto or driveways shall be erected, placed or allowed to stand upon any lot and no changes in materials or color shall be made to the exterior of any structure until the description, plans, specifications and locations thereof shall have been approved in writing by GRANTORS. No Owner shall be responsible under this paragraph except for his acts and defaults while Owner, nor required to remove or alter, because of violation o f this paragraph any buildings, fences or other structures or driveways erected prior to his ownership; and any buildings or other structure or additions thereto, or driveways, completed for more than six (6) months shall be deemed to comply with this restriction unless notice of enforcement has been recorded appropriately to affect the record title to the subject lot. The provisions of this paragraph 5 (c) shall not be deemed to give any other Owner any right to approve the size, plans, specifications and/or locations of any buildings, fences, clothes-drying facilities, or other structures of any kind or additions thereto or driveways erected, placed or allowed to stand upon the remaining land, or any right to enforce any restriction imposed thereon, or to require that any such restriction be imposed on such remaining land for the benefit of any owner; provided, however, upon completion of construction of dwellings on the Lots, GRANTORS shall assign to Southfields Residents Association, Inc. the foregoing design approval rights.
(d) Plans and specifications showing the location and the exterior design and material for any proposed structure shall be submitted to GRANTORS for review and approval, which approval shall be in the sole discretion o f GRANTORS. GRANTORS shall respond to a written
request from an Owner for approval of such a proposed improvement within thirty (30) days after receipt of such request accompanied by plans showing such improvement. Failure of GRANTORS to take action on any such request within said thirty (30) days shall be deemed approval of such improvement. Any person hereafter having an interest in the premises may rely upon a certificate signed by GRANTORS, certifying that plans and specifications or completed construction has been approved or that this restriction has been waived or released in whole or in part.
(e) No trees having a trunk circumference o f more than six (6) inches two (2) feet above grade and located within ten (10) feet of any lot line shall be removed without approval of GRANTORS.
(f) No temporary structure or movable trailer, tent, shack, garage, barn or shelter shall be located on any lot or used even temporarily as a place o f habitation.
(g) No unregistered vehicle, trailer, commercial truck, recreational vehicle or boat shall be parked within the Premises except within a closed garage.
(h) Within nine (9) months after the issuance of a building permit by the Town of Sandwich for the construction of any building on the land the building shall be completed and those portions o f the land not covered by said building shall be placed in a neat and orderly condition, free of uprooted stumps, construction materials and other debris. Each lot is required to have a lawn area consisting of a minimum o f 2,000 square feet of sod and landscaping o f at least 15 healthy shrubs. Any remaining areas bared of their natural growth during construction shall be covered with established pine needle mulch, bark mulch, grass, plants or other ground cover of a type satisfactory to GRANTORS. If the foregoing provisions o f this paragraph shall not have been complied with within said period of nine (9) months, GRANTORS shall have the right at any time within one (1) year thereafter to perform such work as may be necessary for such compliance and shall be reimbursed upon request for the reasonable cost thereof.
(i) Nothing shall be hung or displayed on the outside o f windows or placed on the outside walls or doors of a building and no sign, awning, canopy or shutter shall be affixed to or placed upon the exterior walls or doors, roof or any part thereof or exposed on or at any window, without the prior consent of GRANTORS.
(j) No animals, livestock or reptiles of any kind shall be raised, bred or maintained on the Premises, except that dogs and cats may be kept in the Premises, provided, however, dogs shall be restrained by a leash at all times and shall not be permitted to enter on any Lot other than its Owners' and. provided, further that any such pet causing or creating a nuisance or unreasonable disturbance or noise shall be permanently removed from the Premises upon three (3) days' written notice from GRANTORS.
(k) No noxious, unlawful or offensive activity shall be carried on in any dwelling unit, or in the Premises, nor shall anything be done therein, either willfully or negligently, which may be or become an annoyance or nuisance to the other owners or occupants. No Owner shall make or permit any disturbing noises by himself, his family, servants, employees, agents, visitors and permitted occupants and guests, nor do or permit anything by such persons that will interfere with the peaceful possession and right of other owners.
(I) No clothes, sheets, blankets, laundry or any kind of other articles shall be hung outside or exposed on any part o f the Premises unless concealed by a fence approved by GRANTORS in accordance with Section 5(c). The Premises shall be kept free and clear of rubbish, debris and other unsightly materials.
(m) Each Owner shall keep his dwelling unit in a good state of repair and cleanliness and shall not sweep or throw or permit to be swept or thrown there from, or from the doors, windows, decks or balconies thereof, any dirt or other substance.
(n) As used in this Protective Covenant, the term "GRANTORS" means GRANTORS or such person or persons as may from time to time be designated by GRANTORS, each such designation to be by written instrument recorded with the Barnstable County Land Registration
District.
(o) The provisions of the foregoing paragraphs 5(a) through (n), inclusive, (except paragraph 5 (d)) of this Protective Covenant shall be enforceable only by GRANTORS or Southfields Resident Association, Inc. (as defined above) and may be waived or released in writing only by GRANTORS. Paragraph 5(d) shall be enforceable only by GRANTORS.
6. This declaration shall create privity of contract and estate with and among all grantees of or any part of the Premises, their heirs, executors, administrators, successors or assigns.
7. If any provision hereof is determined to be invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby.
8. Provisions o f this declaration may be abrogated, modified, rescinded or amended in whole or in part only with the consent of Southfields Resident Associations, Inc., and of all mortgagees under any mortgage covering all or any part of the Premises, by declaration in writing, executed and acknowledged by all Owners and mortgagees duly recorded in the Barnstable County Land Registration District, and this declaration may not otherwise be abrogated, modified, rescinded or amended in whole or in part.
IN WITNESS WHEREOF, GRANTORS have duly executed this declaration the day and year first above written.
Signature on File Registry o f Deeds
James Kordis, President
KORDIS DEVELOPMENT CORPORATION
Signature on File Registry o f Deeds
George Kordis, Treasurer
KORDIS DEVELOPMENT CORPORATION
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. March 21,1985
Then personally appeared the above named James Kordis, President of Kordis Development Corporation, and acknowledged the foregoing instrument to be his free act and deed, before me,
Signature on File Registry o f Deeds
Notary Public
My Commission Expires: 2/28/91