DECLARATION OF OPEN SPACE
COVENANTS AND
RESTRICTIONS
THIS DECLARATION is made this 26th day of March, 2007, by CATHANCE SHORES, LLC, a Maine limited liability company, having a mailing address of 805 Cooper Highway, Cooper, Maine 04657 (hereinafter called “Declarant”).
BACKGROUND
This Declaration of Restrictive Covenants is made to comply with Declarant’s obligations to maintain open space under the requirements of the Maine Land Use Regulation Subdivision Permit SP 4071 and other regulations of the Land Use Regulation Commission, and affects the portion of Grantor’s land in Township 14, E.D., Washington County, State of Maine hereinafter referred to as the “Open Space.”
The Open Space is one hundred six and thirty-eight hundredths (106.38) acres consisting of the following:
Lots OS1 – OS11 as depicted on the plan entitled “Gray Cove and Smith Cove Subdivision, Cathance Shores Drive, No. 14 Township, Washington County, Maine” all dated February 12, 2007 and recorded in the following:
a) Cabinet 3, Drawer 15, Plan 99 (Cover Sheet);
b) Cabinet 3, Drawer 16, Plan 1 (Plan V1);
c) Cabinet 3, Drawer 16, Plan 2 (Plan V2);
d) Cabinet 3, Drawer 16, Plan 3 (Plan V3);
e) Cabinet 3, Drawer 16, Plan 4 (Plan V4);
f) Cabinet 3, Drawer 16, Plan 5 (Plan V5);
g) Cabinet 3, Drawer 16, Plan 6 (Plan V6); and
h) Cabinet 3, Drawer 16, Plan 7 (Plan V7).
(All plans collectively referred to herein as “Plan” or “Plans”)
Declarant is the Owner of thirty-one (31) residential lots (“the Lots”) shown on the Plans, and Owner of other adjacent land, which will benefit from the maintenance of the Open Space as Open Space under the terms of this Declaration.
DECLARATION
Declarant hereby declares that the Open Space shall be held and conveyed subject to the terms of this Declaration for the purposes of protecting the value and desirability of the Lots and other adjacent land of Declarant. The rights and obligations hereunder shall run with the Open Space and be binding on all parties having or acquiring any right, title or interest in the Open Space. All rights hereunder may be enforced, as applicable, by one or more Owners of the Lots, by the Declarant (or its successors or assigns), or by any incorporated homeowners’ association whose members are Lot Owners, or are Owners of other adjacent land now owned or hereafter acquired by Declarant (“Other Declarant Land”).
As used herein “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Other Declarant Land, or that estate or interest which is most nearly equivalent to the fee simple title, but shall not mean or refer to any mortgage holder, unless and until such holder has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
COVENANTS AND RESTRICTIONS
The Open Space shall be held and conveyed SUBJECT TO the following covenants and restrictions:
1. The Open Space shall not be further subdivided
2. The Open Space shall be used solely for purposes intended to conserve land
and preserve important features of the site.
3. No structures are allowed on the Open Space, except signs, boardwalks,
railings, steps, gates, benches, bridges, culverts, utility lines and their
appurtenances, and other similar items necessary or desirable for
accomplishing permitted and reserved uses.
4. Except as necessary for the exercise of Declarant’s Reservations as set forth
below, no cutting of trees or removal of vegetation shall be allowed on the
Open Space.
5. No Snowmobiles or ATV’s may enter the Open Space, except on trails
designated by Declarant (or its successors and assigns).
6. No fires may be maintained on the Open Space.
DECLARANT’S RESERVATIONS
Declarant reserves to itself and its successors and assigns, for the benefit of the Lots and Other Declarant Land, all rights accruing from ownership of the Open Space, including the right to engage in or permit, or invite others to engage in, all uses of the Open Space that are not expressly prohibited herein and are not inconsistent with the purpose of this Declaration or any other declaration related to property depicted on the Plans. Without limiting the generality of the foregoing the following rights are expressly reserved:
(a) The right to post the Open Space against trespassers, and to control unauthorized use of the Open Space.
(b) The right
to construct and maintain utility lines, and to grant utility
services easements within the bounds of the Open Space to serve the
Lots and Other Declarant Land.
(c)
The right to locate, construct, and maintain roads on the Open Space
as depicted on the Subdivision Plan. Also, reserving the right to
grant easements for ingress, egress and utility services within said
easement strips to serve the Lots and Other Declarant Land.
(d) The right to alter the
surface as necessary to accomplish the activities permitted herein,
and the right to locate, relocate, and maintain recreational trails,
including trails for snowmobiles and ATV’s .
(e) The right, but not the
obligation, to co-manage the Open Space with any homeowner’s
association established to oversee the Open Space.
SEVERABILITY
Invalidation of any of the provisions of this Declaration by judgment or Court Order in no way shall affect any other provisions, which shall remain in full force and effect.
ENFORCEMENT
Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction. Such action may be either to restrain violations or to recover damages, or against the land to enforce the rights created by these covenants. Failure by Declarant, by any Owner, or by an incorporated homeowners’ association to enforce any covenant or restriction herein contained in no event shall be deemed a waiver of the right to do so thereafter.
IN WITNESS WHEREOF, Cathance Shores, LLC has caused this instrument to be signed in its name by William J. Gies, II, its Manager, hereunto duly authorized, this 26th day of March, 2007.
WITNESS: CATHANCE SHORES, LLC
By:
William J. Gies, II
Its Manager
Hereunto Duly Authorized
STATE OF MAINE
PENOBSCOT COUNTY March 26, 2007
Then personally appeared the above-named William G. Gies, II in his capacity as Manager of Cathance Shores, LLC and acknowledged the foregoing instrument to be his free act and deed in his said capacity, and the free act and deed of said limited liability company.
Before me,
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Notary Public/Attorney at Law
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Print or type name as signed