DECLARATION OF COACHMAN ESTATES SUBDIVISION
Protective Covenants/Restrictions
WHEREAS, Coachman Estates of Barrington, LLC ("Grantor"), a New Hampshire limited liability company with a registered agent office at 62 Middle Dunstable Road, Nashua, NH 03062, is the developer of a certain tract of land in Barrington. New Hampshire consisting of Forty-Two (42) lots as described on plan entitled "Tax Map 226 Lot 50, Residential Subdivision Coachman Estates, NH Route 126 Scruton Pond Road, Barrington, New Hampshire owned by Estate of Thomas L. Perry, Ismalia Poselli, Representative, P.O. Box 128, Strafford, NH 03884 prepared for Equivise, LLC", 62 Middle Dunstable Road, Nashua, New Hampshire 03062 dated April 20, 2005, as recorded with in the Strafford County Registry of Deeds as Plan 84-73 through 84-85; and
WHEREAS, the Grantor intends to sell and convey ownership of each of these lots in private sales to individuals, trusts, limited liability companies, partnerships, or corporations;
WHEREAS, the Grantor desires hereby to impose upon all lots mutual and beneficial protective covenants and restrictions in order to ensure the continued use of the premises as a whole as an attractive residential subdivision, to ensure the natural beauty and character of the area so subdivided, and to provide each lot owner with assurances that the surrounding lots within the subdivision will be subject to reasonable safeguards against acts or conditions detrimental to the value of the lots or the peace and enjoyment of each lot owner;
NOW, THEREFORE, each and every deed hereafter purporting to convey any interest in the above-described lots of land shall be subject to and with the benefit of the following restrictions and covenants which shall run with the land and inure to the benefit of the Grantor and each of the owners of the above-described lots, their heirs, successors and assigns:
1. APPLICABILITY.
A. Acceptance of a deed or contract for any of the lots encumbered by these Protective Covenants (the "Covenants") shall constitute an agreement by said owner(s) for himself or herself, his other heirs, executors, administrators, successors or assigns, to become subject to these Covenants.
B. Every purchaser of an unimproved lot, as a condition of taking title to the lot, shall sign a "Compliance Agreement" prepared by Grantor in the form attached to these Covenants. This provision shall apply to all purchasers of unimproved lots whether the lot was sold to such purchaser by Grantor or any transferee of said Grantor.
2. USE OF LOTS.
A. No lot shall be used except for single-family residential purposes; No commercial business activity of any nature shall be carried on upon any of the lots. Personal business activity shall be limited to the maintenance of a private office within the dwelling. No calling hours or regular business appointments shall be held or scheduled for any personal business conducted on the premises, and no signs shall be maintained indicating the presence of any business upon the premises.
B. Further subdivision of the lots is expressly prohibited without the written permission of Grantor and the Barrington Planning Board.
3. CONSTRUCTION TIME.
When construction of the buildings on the premises is begun, work thereon must continue without significant interruption and must be completed not more than twelve (12) months from commencement date and prior to the issuance of an occupancy permit. Application for extension of the twelve (12) month period may be made to Grantor, its successors or assigns. Such extension shall not be unreasonably withheld, provided that the lot owner provides a specific time frame in which completion of construction is expected to occur. If the work is not completed within the twelve (12) month period, the owner of the dwelling or structure shall be subject to penalty assessments as provided in these Covenants until completion of the work.
4. OUTBUILDINGS, ADDITIONAL STRUCTURES, ETC.
A. Garages. Each single-family dwelling shall have a private garage attached to the dwelling unit for not less than two (2) cars. The garage must be built at the time of the construction of the dwelling. Grantor shall retain the right to determine placement of the garage when reviewing plans submitted. A garage underneath the dwelling may be approved by the Grantor in its sole and absolute discretion.
B. Addresses and Mailboxes. Owner shall place a mailbox, pursuant to a design approved by Grantor, upon which they will place the lot number or address of the lot in a manner in keeping with the character of the subdivision.
C. Fuel Storage. No fuel tank (other than ancillary propane tanks to accommodate barbeque grills and the like) or similar storage receptacles may be exposed to view.
D. Exterior. No antennas of any type or satellite dishes with diameters larger than twenty-four (24) inches, garbage dumpsters or trash containers (except during construction) shall be maintained upon any lot unless confined within the dwelling or garage. No above ground swimming pools, clotheslines, vegetable gardens, firewood or brush piles shall be maintained in the front yard areas of any lot (front side lot line to side lot line between the dwelling and the road). No additions or outbuildings or appurtenances shall be constructed unless prior approval has been obtained by the Grantor, No noxious or offensive activities shall be carried out upon any of the lots, nor shall any activity be conducted thereon which may become an annoyance or nuisance to the neighborhood.
5. SIZE OF DWELLING.
Each two story single family dwelling unit shall have a gross living area, finished, of not less than Sixteen Hundred (1,600) square feet and each one story single family dwelling unit shall have a gross living area finished, of not less than one thousand two hundred (1,200) square feet, exclusive of basement, garages, porch and decks. All dwelling unit driveways shall be constructed with asphalt, crushed stone, or other material approved by Grantor.
6. DESIGN AND PLAN APPROVALS.
A. All buildings and structures shall he architecturally designed in keeping with traditional styles. Grantor, in its sole discretion, reserves the right to approve the plans and specifications of all residences and other structures. No building may be placed upon any lot or altered in its exterior dimensions or appearance without such construction or alteration first being approved in writing. Until such time as all of the lots have been sold by the Grantor, the Grantor or such person as may be designated by Grantor by recorded instrument shall have the sole responsibility and discretion to grant or deny or grant with conditions the approval of any such proposed construction or alteration. A statement or certificate of the Grantor reasonably identifying the planned construction and indicating approval or approval upon condition shall, when recorded at the Strafford County Registry of Deeds, be conclusive as to such approval. After all such lots have been sold by the Grantor, the owners of such lots may, by majority vote, designate a successor (the future Homeowners Association) to such approval responsibility and discretion. The scope of such discretion is, in any event, restricted to ensuring conformance with these Covenants and consistency of design style within the subdivision. Plans that conform to these covenants and do not detract or substantially depart from the designs previously constructed within the subdivision are not to be unreasonably denied.
B. Grantor shall have no liability to any lot owner or any other individual except for exercise of its rights to make decisions regarding approval of plans as specified in these Covenants. Upon relinquishment of responsibility for approvals to any future Homeowners' Association, Grantor shall have no liability of any kind, for any actions taken by such future association. By acceptance of a deed to a lot, the lot owner(s) agree to indemnify and Hold Grantor harmless with respect to any expenses incurred or monies paid as a result of any claim, lawsuit or damages resulting from the approval process.
7. APPROVAL PROCESS.
A. Grantor approval of designs, plans and specifications shall be in its sole discretion and shall include the requirement that all permissions, permits and approvals of appropriate governmental authorities have been obtained, as evidenced by such documentation as Grantor may reasonably request. In deciding whether to grant approval, Grantor may reasonably request additional plans from the Applicant to aid in its determination.
B. In the event that no legal action is brought against the owner of any newly constructed residence, challenging compliance with these Covenants within thirty (30) days of substantial completion of the exterior of any dwelling, outbuilding or addition, there shall be established a conclusive presumption that said dwelling, outbuilding or addition complies with these Covenants.
C. Grantor shall not be liable for any errors of judgment in approving plans later found by a court not to be in conformity with these Covenants except for bad faith approval of non-conforming plans by Grantor.
D. Grantor shall not he obligated to retain any plans or specifications for an approved dwelling for more than sixty (60) days after completion of the dwelling including landscaping.
E. By acceptance of a deed to a lot, the lot owner(s) agree to indemnify and hold Grantor harmless with respect to any expenses incurred or monies paid as a result of any claim, lawsuit or damages resulting from the approval process.
8. PLANS REQUIRED.
Prior to commencement of construction on each lot, the lot owner shall submit for approval, some or all of the following as Grantor shall require:
A. A site plan showing the location on the lot of the dwelling, the garage, the driveway, landscaping and any proposed tree cutting.
B. Floor plans for the dwelling showing the minimum square feet of living space as defined in Section 5 above.
C. Elevation plans showing all facades of all buildings on the lot.
D. Exterior color scheme for the dwelling and any appurtenant structures.
9. EXTERIOR SURFACES.
All structures shall have exterior wall surfaces covered with vinyl siding, cedar clapboards, cedar shingles, or other natural wood product or a combination of any of the foregoing. The use of simulated or artificial brick or stone, or any other similar materials shall not be allowed, nor shall mercury vapor lights be utilized to light any portion of a lot or building.
Roofing materials shall be either wood shingles or "architectural" shingles. All dwellings shall be constructed on poured concrete foundations.
10. LANDSCAPING.
A. Attractive landscaping is an essential element of the maintenance of property values in a subdivision. As such, Grantor reserves the right until authority for architectural approvals is transferred to any future Homeowners' Association, to require landscaping to be utilized which, in its sole discretion, is in keeping with the character of the subdivision and which will maintain property values. All landscaping, as approved in the site plan above, will be finished concurrently with substantial completion of the dwelling. Provided, however, that if substantial completion does not occur before November 15, the landscaping shall he completed on or before May 15 of the following year. Landscaping shall include, but not be limited to front and side lawns, shrubs and planting, each to be
approved as provided herein.
B. In addition, the site plan shall include the finished floor elevation of the
building(s) and a detailed plan of the proposed lot grading to insure that the finished site blends attractively with the surroundings and provides for adequate storm water runoff in accordance with the approved subdivision plans.
C. Approval of the site plan does not relieve the homeowner or building contractor of their responsibility to ensure that the grading of the lot does not cause any ponding or erosion problems on any lot or other portion of the subdivision.
D. Before or at the time of closing, the purchaser of any lot shall be required to make arrangements satisfactory to Grantor to ensure the completion of landscaping in accordance with the approved landscaping plan and in a
timely manner as specified in paragraph A. above. As for lots which shall not be developed by the Grantor, Grantor shall have the right to require each lot owner, upon closing on a lot, to deposit with Grantor a five thousand dollar ($5,000.00) escrow to cover the cost of completion of the landscaping unless alternate arrangements are made that are satisfactory to Grantor.
E. No weeds, underbrush or other unsightly vegetation shall be permitted to grow or remain upon any lot and no refuse pile or unsightly objects shall be placed anywhere thereon. All lots and all portions of a lot and any improvements placed thereon shall at all times be maintained in a neat and attractive condition. Landscaping shall be maintained in a neat, attractive and orderly manner, including maintenance of grass, plant beds, trees, turf and proper irrigation.
F. Pesticides and fertilizer may be used only in quantities directed by the applicable manufacturer or as recommended for application by appropriate professionals.
11. FENCES.
A. Fences shall be placed in proximity to any lot line so as to assure an owner's ability to maintain the fence from the owner's property. No fence exceeding six (6) feet in height shall be permitted on any lot, except as part of an approved tennis court layout or swimming pool enclosure. However, under no circumstances shall silver or galvanized chain link fence be approved. No fence shall be constructed between the front plane of any house and the street unless approved by Grantor. All fences shall be constructed with the finished side facing away from the dwelling.
Notwithstanding the above, Grantor, or any future Homeowners' Association upon transfer of these rights to such Association, may place ornamental posts and fencing along the entrance of the subdivision and portions of the roadway, within the subdivision, in proximity to the entrance to enhance the aesthetics of the road.
B. Any lot owner wishing to install any fence shall submit a drawing of such fencing and a sample of materials to be used to Grantor prior to
installation. No such fence shall be installed without obtaining Grantor's approval.
12. SIGNS.
A. No commercial or advertising sign of any kind shall be erected, placed, permitted or maintained on any lot or improvement except for a single sign no larger than four (4) square feet advertising lot or house for sale or rent. This prohibition shall apply to any sign advertising the builder of a home or his subcontractors unless waived by Grantor but shall not apply to mortgage banks' required signage.
B. Notwithstanding paragraph A. above, Grantor reserves the right to place signs on the property advertising lot and home sales and its preferred builders. The number and size of such signs shall be in Grantor's sole discretion.
13. MOBILE AND MODULAR HOMES/TEMPORARY STRUCTURES.
Mobile homes or structures of a temporary character shall not be permitted on any lot except as a temporary shelter during repair or renovation of an existing structure(s), or as a temporary construction or sales trailer to be used by or on behalf of Grantor, its Builder or Agent. The plans for the use of homes of modular construction will need prior written approval by Grantor prior to construction.
14. NO VEHICLE STORAGE.
Unregistered or uninspected automobiles or automobiles being repaired, refinished or restored for a period of more than seven (7) days shall be stored in a garage or other enclosed structure.
15. ANIMALS.
No farm animals or fowl shall be maintained on any lot. A reasonable number of household pets shall be allowed, but shall not be bred or maintained for purposes of resale.
No animals shall create unreasonable noise or create a nuisance or annoyance to neighbors.
16. TREE REMOVAL.
Within thirty (30) days of cutting, any felled trees shall be cut up and the logs neatly stacked. Any stumps or slash shall be buried or removed from the lot. If buried, the location must be within owner's lot and not in the road or open space,
17. EASEMENTS.
The Grantor and any future Homeowner's Association shall have access to lots in the subdivision for the purpose of maintaining the various drainage, grading and slope easements shown on the Plan. The Grantor and any future Homeowner's Association shall indemnify and hold harmless any lot owners with respect to any claims arising from work done to maintain an easement area.
18. HOMEOWNER'S ASSOCIATION.
Grantor shall have the right at any time to create a Homeowner's Association and promulgate reasonable rules and regulations associated therewith, and shall retain exclusive control over such Association until all lots within the subdivision are conveyed.
19. GENERAL PROVISIONS.
A. All of the foregoing covenants, conditions and reservations and
restrictions shall continue and remain in full force and effect at all times against the owner of any lot encumbered by these Protective Covenants regardless of how title was acquired for a period of twenty-five (25) years from the date of the recording hereof, after which time said Covenants will be automatically extended for successive periods of ten (10) years.
B. Grantor, as long as it owns an interest in any lot encumbered by these Protective Covenants or remains obligated for any development work. reserves the right to itself, its agents, employees, contractors and subcontractors, to enter upon the land covered by these Covenants for the purpose of carrying out and completing the development of the subdivision, as well as to abate, remove or correct any violations of these Covenants and such entry, abatement or removal shall not be deemed a trespass, conversion or other actionable wrong. However, the provisions of this paragraph shall not be deemed to obligate Grantor to, in fact, take such action once it has turned over authority or responsibility for enforcement of these Covenants to a successor subdivided/developer or to any future Homeowner's Association.
C. Grantor or any future Homeowner's Association upon relinquishment of the enforcement rights to it, shall have the right, in addition to any other applicable remedies legally available to assess a penalty in the amount of twenty-five dollars ($25.00) per day for the violation or breach of any of these Covenants, conditions, reservations or restrictions upon failure of a lot owner to cure such violation after notice to the violator is given as required herein, or if not otherwise set forth, within thirty (30) days of such violation the Grantor or any future Homeowners' Association shall have the right to increase the daily penalty to fifty dollars ($50.00) for each day over 30 days the violation persists.
D. Invalidation of any one of these Covenants by court order shall in no way effect any of the other provisions which shall remain in full force and
effect.
E. These Covenants shall be read in conjunction with all other recorded documents affecting the subdivision including recorded plans. In the event of a conflict between these Protective Covenants and any other recorded documents affecting use of the lots or subdivision property, the more restrictive provision shall govern the use or activity on the lot or in the subdivision.
F. Failure to specifically refer to and include or incorporate these Covenants in deeds to any lot shall not in any manner affect the validity and effectiveness of these Covenants upon any lot made subject to them.
G. Any notice provided for in these Covenants shall be served by being delivered in hand to the dwelling on any lot, or to such other address or location as a lot owner may have specified in writing to Grantor or to any future Homeowners' Association. Such notice shall also be deemed delivered if properly addressed and sent by first class mail except in a case where the penalty assessment provisions of these Covenants may be invoked for failure to comply in which case such notice shall be sent by certified mail, return receipt requested, and shall be deemed received upon signing of the receipt or five (5) days after the first notice of attempt to deliver certified mail.
H. At the time of closing, each lot owner shall sign a Compliance Agreement indicating receipt of and review of these Covenants, acknowledgment of the requirement of paragraph C. above and such other matters as in Grantor's reasonable judgment are appropriate to be contained in such Agreement.
Coachman Estates of Barrington, LLC BY:
__________________________________ , Member
STATE OF NEW HAMPSHIRE
COUNTY OF HILLSBOROUGH
On this the ____ day ___________ of 2007, before me, the undersigned office, personally appeared ________________________, who acknowledged himself to be the duly authorized Member of Coachman Estates of Barrington, LLC, a New Hampshire limited liability company, and that he as such Member, being authorized so to do, executed the foregoing instrument for the purposes contained therein, by signing the name of the limited liability company by himself as Member.
Before me,
______________________________ Notary public
My Commission Expires
COMPLIANCE AGREEMENT
The undersigned do (does) hereby certify as follows:
1. He (she) (they) is (are) the buyer(s) of Lot Number _______ in Coachman Estates of Barrington, situated in Barrington_________ County, New Hampshire.
2. I (we) have reviewed the covenants, restrictions and easements governing and regulating the use of said lot. I (we) have had the opportunity to consult with legal counsel regarding the effects of such covenants, restrictions and easements.
3. I(we) hereby agree that during the period of my (our) ownership of said lot, to comply fully with all of said covenants, restrictions and easements.
Signed this ________ day of ____________, 2007.
Witness:
__________________________________ _____________________________
__________________________________ _____________________________