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Binding Restrictions

Binding Restrictions

WHEREAS, William E. Cobb and Robert M Sriberg, Trustees of the Mid Cape Equity Trust, of Depot Street, Dennisport, Barnstable County, Massachusetts are the owners in fee of land in Wellfleet, Barnstable Counts, Massachusetts shown as LOTS 1-46 inclusive as shown on a plan entitled “’Wellfleet Hills’, Subdivision Plan of Land in Wellfleet made for Mid Cape Equity Trust Scale 1” = 50’, dated September 1977, drawn by Slade Associates, Registered Land Surveyors,” recorded with Barnstable Registry of Deeds, Plan Book 317, page 89 and 90.

WHEREAS, it is the intention of William E. Cobb and Robert M. Scriberg, Trustees of the Mid Cape Equity Trust to create a desirable residential community in a natural setting on the land specified in the aforesaid plan and in order to preserve the attractiveness of the subdivision…

NOW THEREFORE, in order to protect and preserve the natural beauty of the land, to create a desirable residential community and to maintain the value of all the lots on said plan for the mutual enjoyment and privacy of all those presently owned and to be conveyed to future lot owners, we, William E. Cobb and Robert M. Scriberg, Trustees of the Mid Cape Equity Trust do voluntarily impose the following restrictions, conditions and rights to be applicable to all building lots shown on said plan as recorded in Plan Book 317, Page 89 and 90 and shown thereon as LOTS 1-46 inclusive which Restrictions shall run with the land and be binding on all the parties having or hereafter having any right, title or interest in said Premises.

  1. No lot shall be further subdivided; and two or more lots used in combination as a building site shall be deemed as one for the purpose of determining the number of buildings to be erected thereon.

     
  2. No building or structure of any kind shall be constructed, exteriorly altered or placed upon the premises until the architectural and site plans therefore, including the specifications for the exterior color scheme, have been approved by the Grantors, their successors or assigns, said approval to be given in writing suitable for recording in the Registry of Deeds.  Disapproval of such plans may be based upon any grounds, including purely esthetic grounds, and the fact that the dimensions of the building would unreasonably obstruct the view of the other lots in this subdivision, and shall be solely within the discretion of the Grantors; however, no approval will be unreasonably withheld providing the architecture is in conformity with Cape Cod modified cape Cod, or traditional New England architecture.

     
  3. No live trees exceeding four inches in diameter at a point two feet above ground level shall be disturbed in their natural growth or removed from the premises, except as may be necessary for building construction, site development or grading, until consent shall have first been obtained in writing from the Grantors, except as hereinafter provided.

     
  4. No fences, hedges, walls, foliage screen, or the like, which shall obstruct the view, shall exceed in height three and one-half feet above the ground, and shall not be used anywhere on the premises without prior approval by the Grantors.

     
  5. Clothes lines or drying yards shall be enclosed and shall be located at a distance no greater than fifteen feet from any building; and all exterior garbage and rubbish disposal facilities shall be either underground or suitably covered and enclosed.  No refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere on the premises, and if, after proper notice, such condition is not corrected, the Grantors shall have the right to enter upon the premises and make such correction at the expense of the owner.

     
  6. There shall be no parking, storage or use of house trailers, portable houses, or other temporary shelter.  No unregistered vehicles shall be kept or stored in the open on any lot, and no commercial vehicles larger than a “pick-up” truck shall be parked in the open overnight.

     
  7. The Grantors may delegate or assign any and all of their rights, powers and obligations under these restrictions to any corporation, association or agent which said Grantors shall deem to be best suitable to perpetuate the intent of those restrictions, said assignment to be in writing, duly recorded in the Registry of Deeds for Barnstable County.

     
  8. The Grantors or their duly authorized agent, as provided in the preceding paragraph, shall have the right to waive, alter or amend any of the foregoing restrictions in the event that it becomes necessary or equitable to do so, and the Grantors, or their agent, shall be the sole judge as to the desirability or necessity of such waiver, alteration or amendment.

     
  9. These general restrictions and conditions as set forth hereunder are supplemental and complementary to the zoning requirements of the Town of Wellfleet; provided, however, that no variance by the Town of Wellfleet shall in any way be construed to reduce the restriction requirements as set forth herein.

     
  10. In the event of a violation or breach of any of these restrictions, the Grantors, their successors or assigns, shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them.  the failure to enforce any right, reservation, restriction or condition contained herein, however, long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement.  The invalidation by any court of any restrictions herein contained shall not in any way affect any of the other restrictions which shall remain in full force and effect.

     
  11. The owners of each lot, by the acceptance of a deed of conveyance of said lot, covenant and agree that the foregoing restrictions shall be covenants running with the land and shall be binding upon all succeeding owners of the same.