Canoe Club
I, Ronald Wilson, trustee of Lucy Realty Trust, under Declaration of Trust dated October 16, 1992 and recorded at the Plymouth Registry of Deeds in Book 11350, page 236 (hereinafter, the “Declarant”) hereby impose the following Restrictive Covenants upon a portion of the property shown on plan entitled “Plan of Land Canoe Club Lane, Pembroke Massachusetts, Prepared for Ron Wilson, Dated December 3, 2004” which Plan is duly recorded December 7, 2004, with the Plymouth County Registry of Deeds as Plan 04-1004 and is owned by the Lucy Realty Trust. These Restrictive Covenants apply to Lots 1 through 19 and to Recreational Parcel (also known as Parcel B on prior plans). For the purpose of this document, “Lot(s)” shall refer only to Lots 1-19. These covenants, restrictions, conditions, agreements and easements (“Covenants”) shall run with and bind to the land, and shall inure to the benefit of the Lot owners and their successors in title, and for the benefit of the Lot owners. These Restrictive Covenants may be enforced by any Lot owner or the Canoe Club Homeowners Association Trust (“Trust“)(to be recorded herewith), not withstanding any provisions to the contrary contained herein.
1. Use: No Lot may be used for any purpose other than for one single family residence and appurtenant out buildings. If any two or more Lots are combined to create a larger lot for a single house, then the owner of the combined Lots shall remain liable for the obligations, and enjoy the privileges of the original Lots. No time sharing arrangements, condominiums, cooperative or other multiple ownership shall be permitted. Lot owners may not sell, rent or otherwise assign their interest in the common amenities of Canoe Club separately from the Lot, nor may homes be rented for less than 6 consecutive months. Lots 18 and 19 may be used for a home professional office, as allowed under the Town of Pembroke Zoning Regulations, Sections IV, 1.A.3 without variance unless authorized and approved by Declarant or his assigns. All-parking spaces must be shielded from view from the street. Business signs up to two square feet are allowed on these two Lots only and must be approved by Declarant or his assigns prior to installation. There shall be no outside display of goods, merchandise or equipment. No Lots may be further subdivided, unless prior written approval is obtained from the Declarant or his assigns.
2. Appearance: No house trailers, portable houses or other temporary shelters shall be parked, stored or used on the premises. No boats, recreational vehicles, machinery, or unregistered vehicles shall be kept or stored in the front or side yards of the Lots and, when stored in the rear, shall be minimally visible from Canoe Club Lane and adjoining homes, as determined by the sole discretion of the Declarant or his assigns. No trucks or commercial vehicles shall be parked in the open overnight or otherwise kept in the front or any side yards of the Lot, including Lots 18 and 19, or be visible from the street or adjoining Lots. For Sale and Open House signs are limited to 5 square feet each. One builder sign up to 5 square feet is allowed during construction but not for more than fourteen consecutive months.
3. Approvals/Occupancy: No building or structure, including but not limited to dwellings, fences, landscaping sheds, barns, paddocks, pools, etc. shall be erected, moved onto said premises, remodeled as to the exterior thereof, or added to on said premises, until the plans and specifications, colors, builder(s), site locations, grading, and landscape design have been approved in writing by the Declarant or his assigns. All such approvals must be obtained in writing prior to the commencement of any work on the property, including but not limited to construction, clearing, cutting, or disruption to the natural ground. Any builder approved by Declarant or his assigns, must sign the document drafted by Declarant or his assigns, titled “Contractor Guidelines and Requirements (CG&R)” agreeing to comply with all terms of said agreement. Once construction has begun, work must proceed on a continuous basis, and be completed, including site work, within fourteen months. When the project is completed, the Lot owner must notify the Declarant or his assigns in writing that the property is ready for inspection. Within 10 days of receipt of such notice the Declarant or his assigns will issue a Certificate of Completion, to be recorded at the Plymouth County Registry of Deeds, provided any and all bills and assessments incurred hereunder have been paid, or respond with a letter indicating the reason such Certificate is not being issued. After the expiration of one year from the date of issuance of an occupancy permit by the Town of Pembroke, provided that no notice of violation has been issued by the Declarant or his assigns, it shall be conclusively presumed that said site complies with the restrictions herein. No home shall be occupied without such Certificate. At the discretion of the Declarant or his assigns, a Certificate of Completion may be issued before completion with the posting of a bond of 1.5 times the amount, estimated by Declarant or his assigns, that is sufficient to guarantee prompt completion of the required work. In the event that the required work is not completed within 6 months of the bond posting the Declarant or his assigns may avail itself of said bond to complete the necessary work. If the bond is insufficient to complete said work, the Lot owner shall nevertheless remain liable for the completion thereof. Upon completion of the required work, the Declarant or his assigns shall promptly return the bond, or what may remain thereof.
4. Completion: Failure to complete construction, including all site work as approved above, within fourteen months from commencement of work on the property, except as stated below, shall be a violation of these Covenants. The Declarant or his assigns may enter and inspect any property until a Certificate of Completion has been provided, or until a final inspection has been conducted under Section 3 bonding and said bond has been returned to Lot owner by Declarant. In the event that poor or unsatisfactory weather conditions prevent the completion of any driveway, exterior painting, grading or landscaping within said fourteen months, then the time within which said work may be completed may be extended in writing by the Declarant or his assigns for a period of not more than six (6) months, upon the posting of a bond, by the Lot Owner, as described in paragraph 3 above.
5. Animals: No Pit Bull dogs, horses, or barnyard animals shall be maintained on any Lot. Common household pets, reasonable in number, are allowed, provided they are not maintained or bred for commercial purposes. Dogs prone to prolonged barking or aggression may not be left outdoors. The Declarant or his assigns shall have the sole discretion to decide if the animals in question meet these criteria.
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6. Site Rules: In-ground swimming pools shall be at least twenty feet from any Lot line and behind the front setback line. Above ground pools are not permitted, except a temporary children’s pool with no water filtering, purification, or pumping system. No basketball hoops shall be placed in roadway layouts and shall not be placed on Lots such that basketball activity takes place in the street. Play sets and basketballs hoops may not be installed in the front of the house and temporary units must be removed at night. Play sets must be screened from view. Antennas, windmills, aerials, solar collectors, and dishes may be only minimally visible from Canoe Club Lane and be screened from neighbors' view. Clotheslines and poles, antennas, aerials, satellite dishes not exceeding 30 inches in diameter, and solar collectors or panels must be located on or near each home in such a way that they are not visible from Canoe Club Lane or other Lots, and are twenty-five feet from the sidelines and screened from view. Trash must be stored in closed rigid containers behind the home setback line or in an approved enclosure and screened from view. All utilities are to be underground. Underground oil tanks and all outside fuel tanks are not allowed. All Lots shall be kept neat, clear or litter and otherwise maintained to enhance the Lot itself, the abutting Lots and the quality and value of the development.
7. Nuisance: No obnoxious, offensive, noisy or dangerous activities shall be carried on within any Lot or house, structure or improvement thereon, nor shall anything be done thereon or therein, either willfully or negligently, which shall become a nuisance or annoyance to the owners or occupants of the other Lots. No outdoor storage of junk, trash, appliances, furniture, unregistered vehicles, parts or unsightly material shall be allowed on any Lot, as determined by the Declarant or his assigns. Exterior and interior lighting on each Lot shall be shielded so that no direct lighting leaves the property. Also, care should be taken to avoid light pollution of the night sky. There is to be no hunting or discharge of firearms on any Lot or common area..
8. Homeowner Obligations/Assignment: Lot owners are bound by the Design Guidelines, Contractor Guidelines and Requirements, and by the Rules and Regulations promulgated by the Declarant, or his assigns, and as may change from time to time. Lot owners accept membership into the “Trust” and agree to pay dues, fees, and assessments required to run the “Trust” and the Canoe Club Subdivision. The “Trust” is responsible for: maintenance of common areas, street lighting, easements, and improvements; for making policy and rules for the common interests; the assessment and collection of dues; paying bills; approvals of changes on Lots where a Certificate of Completion has been issued; enforcement (jointly and severally with Lot owners and Declarant, or his assigns); administration; snow plowing until the street is accepted as a public way by the Town of Pembroke; and other business that it may properly handle. Membership in the “Trust” with all its rights, benefits, and obligations may not be separated from the ownership of any Lot. During the time that the Declarant owns any Lot in the subdivision, initial plan approvals and issuance of Certificates of Completion shall be at the sole discretion of the Declarant, or his assigns, and he reserves the right to modify, grant waivers to, amend, or revoke these restrictions in any manner he may determine, so as to be of benefit to the Lot owners. Such a waiver in any instance shall not constitute any waiver of the right to enforce these Covenants.
9. Lot Maintenance: Each Lot owner shall maintain the Lot, lawn, landscaping, home, and accessory structures in a good state of repair and appearance, and cut the lawn at regular intervals. If the Declarant or his assigns determine that this is not being satisfactorily done, and if upon reasonable notice the owner fails to correct the situation, then the Declarant or his assigns may correct the situation and bill the owner for the expense. Each owner must mow the grass strip in the front of his Lot and water and maintain the street trees as necessary.
10. Easements: Lot owners agree to grant grading easements for the benefit of adjoining Lots if required for septic systems. Riverfront owners agree to allow neighboring docks to extend to within twelve feet of their Lot sidelines. Lots 10, 11, 12, 13, 14, 15, and 16 grant to the 19 Lot owners and the Trust: common use easements of Indian Camp Island and the Natural Bank Path as shown on the Plan. Lots 10 and 11 grant to the 19 Lot owners and the Trust a 15 foot wide access easement from the Natural Bank Path to Indian Camp Island. Lots 1 and 19 grant to the Trust, the landscape easements shown on the Plan.
11. Fees: The annual charge for maintenance, assessments and fees shall be liens or encumbrances on the Lots and acceptance of each of the several deeds (not including thereby a mortgagee or lender under a properly recorded Mortgage) shall be construed to be a covenant to pay said charges. Any assessment will be due within 30 days. Dues will be paid on the first day of each fiscal year. Dues for fiscal year 2005 will be $400/year and will be revised yearly. Lots sold by the Declarant will pay the yearly fee upon closing. Interest on any money owed will be 1.5% per month. The Declarant or his assigns shall have the right to take and prosecute all actions or suits, legal or otherwise, which may, in his opinion, be necessary for the collection of such charges. The Lot owner will also be responsible for all costs of collection. In this connection, the Declarant and his assigns shall have the right by action, legal or otherwise, to abate any violations.
12. Enforcement: If any Lot owner or persons in possession of any of said Lots shown on the hereinbefore described Plan of Land shall violate or attempt to violate any of the Restrictive Covenants contained herein, the Declarant or his assigns may prosecute any proceedings at law or in equity against the Lot owners or the person or persons violating or attempting to violate any such covenant, either to prevent him or them from so doing or to cause any such violation to be remedied or recover damages including legal expenses, or other costs, for such violation. The Declarant or his assigns, at his discretion, may correct any violation at the expense of the offending Lot owner, the cost of which together with the costs of collection, shall become a fee due and be enforceable pursuant to these Covenants. The failure by the Declarant or his assigns to enforce any restrictions, conditions, covenant or agreement herein contained shall in no event be deemed a waiver of the rights to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto. After assignment, the Trust may grant waivers that are fair and do not conflict with the intent of these Covenants, and may adjust or modify the standards over the years to adapt to changes in the future. So long as the Declarant shall retain record title to any Lot, he or his assigns shall have authority and right to enforce the Covenants herein set forth.
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13. Declarant Use: So long as the Declarant owns any Lot within the subdivision, he shall retain exclusive use of the 2nd floor (upstairs) and the 1st floor storage closet, at the boathouse, and shall be permitted to use all facilities and common areas for selling activities, including placement of signs on his lots, in common areas, or at the entrance, and is not subject to paragraph 2. These rights shall expire at the completion of five (5) years from the date of the recording of these Restrictive Covenants at the Plymouth County Registry of Deeds. However, the Declarant, or his successors in interest, shall retain a permanent non voting membership in the Trust including equal rights to all common facilities as is accorded to Lot owners, however, the Declarant will not be subject to any dues, fees, or assessments other than for lots that he owns.
14. Restrictive Covenant: Any and all alterations of Wetlands situated within the Property shall not exceed a cumulative total of five thousand (5000) square feet in area. Said five thousand (5000) square foot limit of Wetlands alteration may be apportioned among the respective Lots comprising the Property but in no event shall such apportionments exceed a cumulative total of five thousand (5000) square feet in area, unless released from this restriction by the Commonwealth of Massachusetts, Department of Environmental Protection. The aforesaid restrictive covenant is hereby imposed pursuant to 314 CMR 9.03 and shall be binding until it expires.
15. Changes: These Restrictive Covenants may be amended, revised or deleted by a vote of 16 Lot owners in favor of the same, however, Declarant's rights and privileges, contained herein, may not be curtailed. Additional easements may not be imposed on Lot owners without their consent.
16. Motor Vehicle Usage. The use of mini-bikes, dirt bikes, all terrain vehicles, snowmobiles, and similar recreational vehicles or devices shall not be permitted on any common areas, except that motor vehicles actually registered as such and actually used for transportation may be used for such purposes and only upon the vehicular ways laid out on said plan, and not upon pedestrian paths.
17. Assignment. The Declarant, may assign his rights and duties hereunder by written instrument which shall be effective only when recorded at the Plymouth County Registry of Deeds.
18. Severability: If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect.
These restrictions shall be effective for thirty years from the date of recording, and may be extended for additional periods in accordance with MGL Chapter 184, Section 27 by a vote of 10 Lot owners in favor thereof, prior to the expiration of any period.
For title see deed to Ronald Wilson, Trustee of Lucy Realty Trust recorded with Plymouth Deeds in Book 16357, page 201 and Book 18030, page 263.
WITNESS my hand and seal this ________day of December, 2004.
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Ronald Wilson, Trustee of Lucy Realty Trust
DECLARATION OF COVENANTS FOR OWNERSHIP, CONTROL,
MAINTENANCE OR PRESERVATION OF THE AMENITIES
DECLARATION made as of this ____day of December, 2004, by Ronald Wilson, as Trustee of Lucy Realty Trust u/d/t dated October 16, 1992, recorded with the Plymouth County Registry of Deeds in Book 11350, Page 236 (hereinafter “Declarant”).
WHEREAS, Declarant is the owner of certain land situated in said Pembroke, being known and designated as Canoe Club, and being roads, Recreational Parcel, and Lots 1 through 19 inclusive (hereinafter “Lot” or “Lots”) shown on a plan of land entitled, “Plan of Land Canoe Club Lane, Pembroke Massachusetts, Prepared for Ron Wilson, Dated December 3, 2004” which Plan is duly recorded December 7, 2004, with the Plymouth County Registry of Deeds as Plan 04-1004, to which plan reference may be made for a more particular description of said Lots as shown on said plan;
WHEREAS, Canoe Club is developed in accordance with the aforesaid plan;
WHEREAS, the Declarant intends to make available the roads; drainage rights; Two (2) Easements titled “20’ WIDE WALKING, ISLAND ACCESS, BOARDWALK & COMMON USE EASEMENT”; One (1) Easement titled “INDIAN CAMP”; One (1) access easement over Lot 9; Two (2) landscape easements, one located on Lot 1 and one located on Lot 19; and the Recreational Parcel, shown on said plan (hereinafter known as the “Amenities”), for the common use and enjoyment of the owners of record from time to time holding fee simple title to a Lot in Canoe Club (hereinafter called “Owners”), and to declare and render Lots subject to restrictive provisions hereof and entitled to beneficial ownership in Canoe Club Homeowners Association Trust, to be recorded herewith (the “Trust”); and
WHEREAS, the Declarant wishes to create a mechanism for the collective control, repair and maintenance by said Trust of the Amenities, and to provide for the enforcement and administration of the restrictive covenants on use and improvement of land and the Lots, as set forth herein;
NOW, THEREFORE, the Declarant, for himself, and for his successors and assigns, declares with regard to the Lots shown on said subdivision plan:
1. Except as expressly provided herein, the easements, licenses, rights, privileges and restrictions established, created and granted by this instrument shall be for the benefit of, and limited solely to, the Declarant and the Owners from time to time of Lots in Canoe Club or any parts thereof, their immediate families, or their tenants and the immediate families of such tenants and their guests, who are residents of Lots in Canoe Club, 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 Canoe Club not specifically set forth herein
2. There is hereby granted to each owner of a Lot shown on said plan the right to pass and repass over the road shown on said plan for all purposes for which roads are commonly used in the Town of Pembroke, Massachusetts.
3. (a) The roads and drainage shown on said plan shall be repaired and maintained by the Trust in a state of good order and repair, until such time as the road and drainage is accepted by the Town of Pembroke.
4. (a) Each Lot in Canoe Club is hereby declared rendered subject to the provisions hereof and each Owner of a Lot therein, whether as an individual or any other tenancy or entity, shall be required to bear the expense of an undivided 1/19th beneficial interest per Lot owned in the Trust, of the road, which road is to be held by the Declarant for the use and benefit of all such Lot owners, and the Amenities other than the road, which are to be held, for the use and benefit of all such Owners of Lots, by the Trust.
Such Amenities shall remain in undivided beneficial ownership, and no Owner or any other person shall bring any action for partition or division of any part hereof except if and upon amendment as provided herein.
(b) Expenses for the maintenance (including insurance and taxes), repair and improvement, whether common or special charges, of the Amenities and any common land which has been conveyed to the Trust, and remains the property thereof, or which is held by the Declarant for the benefit of the Lot owners in the Trust, shall be charged to the Owners by the Trustees of the Trust, and shall be assessed and collected in the manner set forth in said Trust of even date and recorded herewith.
(c) Each Owner of a Lot in Canoe Club shall be personally liable for all sums assessed for his share of such expenses, but only with respect to such period as be is and remains an Owner. The aforesaid charges to each Owner shall be liens or encumbrances on the land of each Owner and acceptance of each of the several deeds (not including thereby a mortgage or a lender under a properly recorded mortgage or deed of trust) shall be construed to be a covenant to pay said charges. The Trustee(s) of the said Trust shall have the right to take and prosecute all actions or suits, legal or otherwise, which may in their opinion be necessary for the collection of such charges. In this connection, the said Trustees shall have the right by action, legal or otherwise, to abate any violations of the within covenants, agreements, assessments, restrictions, conditions and charges. Such covenants, agreements, assessments, restrictions, conditions and charges are, however, to run with and bind the land and may, therefore, except to the extent otherwise restricted herein, be enforceable by any Owner of a Lot within Canoe Club.
The lien hereby reserved, however, shall be at all times subordinate to municipal liens and the lien of any mortgage or lender of any sums secured by a properly recorded mortgage or deed of trust, to the end and intent that the lien of any mortgagee, trustee, or note holder shall be paramount to the lien for maintenance charges imposed herein accrued after the date of recording of said mortgage or deed of trust, and provided further such subordination shall apply only to the charges that shall become payable prior to the passing of the title under foreclosure of mortgage or deed of trust or acquisition of the title by deed in lieu of foreclosure.
In addition to any other remedy, each Owner’s share of the said expenses which constitute a lien upon his Lot as aforesaid shall be enforceable in the manner provided in section five of chapter two hundred and fifty-four of the Massachusetts General Laws, as from time to time amended and supplemented.
All costs and expenses incurred by the Trustee(s) or their successors in enforcing or collecting any assessment, including reasonable attorney’s fees, shall be paid by the Owner of the Lot.
If any assessment is not paid when due, such assessment shall bear interest at one and one half percent per month, from the due date until paid in full. If any assessment is not paid in full, thirty (30) days after its due date, the Trustee(s), or their successors, may in addition to the other rights herein reserved, suspend the exercise of all rights given by this Declaration in the Canoe Club Homeowners Association Trust to the Owner of the land so assessed until that sum shall have been paid in full, and at their option, the Trustee(s) or their successors may accelerate the payment of its reasonable estimate of common charges for the twelve month period following the default and such sum shall serve as security for the future common and special charge obligations.
(d) A certificate from the Canoe Club Homeowners Association Trust or its successors indicating that such common expenses have been paid for the year shall discharge such lien for that year upon recording with the Plymouth County Registry of Deeds. A preparation charge of $25.00 shall be charged by the Trust for any such certificate, which fee shall be subject to change by the Trustee(s).
5. The easements, covenants, restrictions, benefits and obligations hereunder shall remain in force and effect so long as the Trust exists. Upon termination of the Trust, this declaration shall be terminated and shall be deemed null and void. This Declaration shall create privity of contract and estate with and among all grantees of or any part of the Trust, their heirs, executors, administrators, successors and assigns.
6. The provisions of this Declaration may be abrogated, modified, rescinded or amended in whole or in part at any time by an instrument in writing, signed by the Trustee(s) and assented to in writing by sixteen (16) of the current Owners of record.
7. If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect.
For title see deeds, recorded with the Plymouth County Registry of Deeds in Book 16357, Page 201 and Book 18030, Page 263.
WITNESS my execution of this instrument under seal on the day and year first above written.
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Ronald Wilson, Trustee of Lucy Realty Trust
COMMONWEALTH OF MASSACHUSETTS
Plymouth, ss. December , 2004
Then personally appeared the above named Ronald Wilson, known to me to be the same and who proved to be the same by means of a driver’s license, and acknowledged the foregoing instrument to be his free act and deed, before me,
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Notary Public
My Commission Expires:
