DECLARATION OF RESTRICTIVE
AND PROTECTIVE COVENANTS
IMPOSED UPON SUBDIVISION OF LAND ENTITLED
Wickford Highlands
Owned by Wickford Highlands Development Corporation
North Kingstown, Rhode Island
KNOW ALL MEN BY THESE PRESENTS;
THAT WHEREAS, WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, (hereinafter referred to as "Grantor") is the owner of a certain tract or parcel of land situated in the Town of North Kingstown, County of Washington, State of Rhode Island; and
WHEREAS, the said Grantor desires to impose certain covenants end restrictions on said property for the benefit of the present and future owners of the same;
NOW, THEREFORE, WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, the Grantor, for itself, its successors and assigns does hereby declare and make the following limitations of uses, restrictions and covenants to which the lots of land designated on the hereinafter mentioned plats shall be subject, and the uses to which the same may be put, and it hereby specifies that these declared limitations, restrictions, covenants and uses shall be construed as covenants running with the land designated on said hereinafter identified plats now owned by WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, and shall be binding on said Grantor, and all persons, firms or corporations claiming under it and they shall be for the benefit of and limitation on all future owners of lots of land shown on said hereinafter mentioned plats and all sales, leases and use of lots in said subdivision shall be expressly made subject to said limitations, restrictions and covenants.
These limitations, covenants and restrictions shall hereinafter be referred to as covenant end restrictions.
In case of any violation or attempt to violate any of the covenants and restrictions herein set forth, it shall be lawful for any person or persons, firm or corporation owning or otherwise having an interest in any real property situated in said development, hereinafter identified, to institute and prosecute any proceedings at law or in equity against the person of persons, firms or corporation violating or attempting to violate any such covenant or restrictions, and either to prevent him, them or it form doing so, or to recover monetary damages for such violation. Nothing herein shall be deemed to constitute and right of reverter.
Invalidation of any of the provisions of this declaration of covenants and restrictions by court decision or decree or decree shall in no way affect any of the other provisions which shall remain in full force and effect.
These covenants and restrictions shall apply to all lots on that plat entitled, PHASE 1, KEY SHEET FOR
WICKFORD HIGHLANDS, A.P. 111. LOTS 3, 14, 15 AND 20, A.P. 125, LOTS 5 & 8, [record lots 1-125 inclusive] SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND PREPARED FOR WAQUOIT LANDING, INC. SCALE: 1" = 200', DATED October 16, 1992, Revised August 17, 1993, Dwg. No. 3945A. Job No. 3305 BY GAROFALO AND ASSOCIATES, INC.,
Said Plat was recorded in Land Evidence Records, Book Number 0826, Pages Number 324, 325 & 326 of the Town of North Kingstown on August 23. 1993 at 10:19 AM. Said Plat being designated as Plat Card 1421
SPECIFIC COVENANTS AND RESTRICTIONS ARE AS FOLLOWS:
1. All lots shall be known and described as single family residential lots.
2. All plans, specifications and blue prints of single family structures shall be submitted to Grantor for prior approval: and no construction shall commence unless and until such approval of plans and specifications is granted in writing and unless and until (grantor has approved the lot lay out, the location of the dwelling house and other buildings upon the lot. the exterior style and the design of said dwelling and said other buildings, no vinyl siding shall be permitted.
3. No structures shall be erected, except hereafter mentioned, altered, placed or permitted to remain on any residential building plot other than one single family dwelling not to exceed two and one-half stories in height, together with a private attached garage for not less than two cars. All construction, including landscaping, shall be completed within one year of commencement of construction. Only attached garages shall be permitted. Fences erected on the property shall not extend beyond the front line of any home existing on any lot.
4. All structures shall be located not less than the required zoning setback for the Town of North Kingstown in existence at the lime of the recording of these restrictions.
5. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot shall be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
6. Except as may be otherwise herein expressly permitted, no outbuilding shall be constructed unless of wood or of a Walpole type construction designed for the purpose of storing garden tools, lawn furniture or similar accessories, such outbuilding to contain a maximum area of two hundred (200) square feet. No metal garage or other metal structure shall be erected or place on any lot.
7. No commercial vehicles shall be garaged on this lot, except a small "Panel Body" or small "Pickup Truck" which is used by the occupant of the house located on the lot on which the vehicle may be garaged.
8. Any swimming pool located on this lot shall comply with all the statues of the Rhode Island Rules and Regulations of the Rhode Island Department of Environmental Management or Department of Health, and all local rules, regulations and ordinances of the Town of North Kingstown pertaining thereto and shall be located only to the rear of a dwelling constructed on said lot.
9. No animals, livestock or poultry of an kind shall be raised, bred or kept on this lot except that dogs, cats or other household pets may be kept, provided that are not kept, bred, or maintained for any commercial purposes.
10. Each lot granted by Grantor shall not thereafter be subdivided, but such lot shall be held by Grantee(s), end any successor Grantee(s), as one entire parcel, excepting that one lot may be divided only where such lot is being used to add onto an adjoining lot to increase the adjoining lots size. Only a single family home may be placed on such merged lot.
11. Grantor reserves the right to grant easements and rights-of-way in, over and across such premises upon which no structure may be erected pursuant to the terms hereof, for the installation and maintenance of telephone, power lines, septic systems, storm drains, water lines and all other easements and/or rights-of-way as required by Grantor.
12. No noxious or offensive trade, or activity, shall be carried on upon said lot, nor any portion thereof, nor shall anything be done thereupon which may become an annoyance or nuisance to the neighborhood.
13. All construction performed on each dwelling house and lot shall hereafter be maintained so that the general suburban character of the land and the existing ecology shall, insofar as possible, be prepared and enhanced. The Grantee(s) shall utilize best efforts, including the taking of desirable affirmative action and forbearance from acting where desirable, to insure that the particular lot and the surrounding environs shall be and remain free from air pollution, water pollution, noise pollution and other like environmental hazards.
14. All sewage shall be disposed of by means of a septic tank or tanks providing adequate facilities for the disposal of all waste matter; each such septic tank or drain shall be constructed and maintained so that no waste materials of any description shall flow upon or contaminate the land of an abutting property owners, and each conform to the strictest engineering and construction standards of efficiency and sanitation, and shall conform to applicable state and local laws and ordinances, and shall at all times be maintained in proper sanitary conditions.
15. There may be up to three (3) recreational vehicles including recreational vessels with related boat trailers on a building lot provided that such vehicle or vessels are for personal or family recreational uses of a person who primarily resides of the building lot, and further provided that such vehicles or vessels are placed and kept to the rear of the dwelling on the building lot.
16. A minimum of three (3) trees shall be left standing and maintained within ten (10) feet of the front lot line. Said trees are not to be moved for any purpose except where necessary for the construction of driveway or purposes of safety.
17. No trees or brush shall be destroyed in the area known as common land except as specifically set forth in the Open Space Easement Document.
18. All driveways are to be constructed of a bituminous or concrete material and constructed so as to maintain the safest ingress and egress to the main road.
19. All residential dwellings shall have a minimum of (2000) square feet of living space in size, exclusive of garage and decks with a minimum of a two car attached garage.
20. Acceptance of a deed to a building lot shall constitute an agreement by the Grantee(s) to fully comply with all applicable terms and conditions set forth in this declaration.
21. The Grantee or his agent shall be responsible for cleanup of any soil erosion onto the respective roads due to the removal of vegetation from said lots. Any removal of vegetation is to be replaced by grass, shrubs, other mulch or other finished landscaping within one (1) year to insure the soil erosion is kept to a minimum. A continuous line of hay bales shall be placed along the front lot line of each respective lot during construction. During the period of excavation, construction and landscaping the lot shall be kept clean by the use of trash receptacles or by the daily removal of all debris from the lot. No track vehicles are to be unloaded, kept or used on paved roadways. All utility boxes located on any respective lot are to be left exposed on each lot that they appear. All landscaping shall be extended to the street (i e. lawn).
22. Amendments or Additional Restrictions: The Grantor reserves and shall have the right to amend these covenants and restrictions as the Grantor deems appropriate in its sole discretion, to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between these provisions, and to release an lot from any part of these covenants and restrictions which have been violated if the Grantor in its sole judgment determines such violation to be a minor or insubstantial violation. Under no circumstances shall the minimum house size under paragraph 19 be reduced by the Developer or future Developers of the property. This amendment provision shall become of no force and effect upon the sale of the last lot is the aforementioned subdivision.
23. The Grantor expressly recognizes the existence of the Narragansett Bow Hunters Club which abuts the development. It is hereby covenant that no interference shall be initiated with the club's operation by the Grantor, its heirs, assigns or grantees.
24. The above restrictions and protective covenants shall run with the land and shall continue in full force and effect until December 31. 2050 when they shall forthwith terminate.
WICKFORD HIGHLANDS DEVELOPMENT CORPORATION
BY: ________________________________________
Ralph Campanelli, President
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In North Kingstown on the 31st day of August, 1993 before me personally appeared RALPH CAMPANELLI, President of Wickford Highlands Development Corporation, to me known and known to me to be the party executing the foregoing instrument, and he acknowledged said instrument by him executed, to be his free act and deed, individually and in his capacity as President of Wickford Highlands Development Corporation.
John H. Kupa, Jr.
NOTARY PUBLIC
My Commission expires 6-18-95
Wickford Highlands
Owned by Wickford Highlands Development Corporation
North Kingstown, Rhode Island
KNOW ALL MEN BY THESE PRESENTS;
THAT WHEREAS, WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, (hereinafter referred to as "Grantor") is the owner of a certain tract or parcel of land situated in the Town of North Kingstown, County of Washington, State of Rhode Island; and
WHEREAS, the said Grantor desires to impose certain covenants end restrictions on said property for the benefit of the present and future owners of the same;
NOW, THEREFORE, WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, the Grantor, for itself, its successors and assigns does hereby declare and make the following limitations of uses, restrictions and covenants to which the lots of land designated on the hereinafter mentioned plats shall be subject, and the uses to which the same may be put, and it hereby specifies that these declared limitations, restrictions, covenants and uses shall be construed as covenants running with the land designated on said hereinafter identified plats now owned by WICKFORD HIGHLANDS DEVELOPMENT CORPORATION, and shall be binding on said Grantor, and all persons, firms or corporations claiming under it and they shall be for the benefit of and limitation on all future owners of lots of land shown on said hereinafter mentioned plats and all sales, leases and use of lots in said subdivision shall be expressly made subject to said limitations, restrictions and covenants.
These limitations, covenants and restrictions shall hereinafter be referred to as covenant end restrictions.
In case of any violation or attempt to violate any of the covenants and restrictions herein set forth, it shall be lawful for any person or persons, firm or corporation owning or otherwise having an interest in any real property situated in said development, hereinafter identified, to institute and prosecute any proceedings at law or in equity against the person of persons, firms or corporation violating or attempting to violate any such covenant or restrictions, and either to prevent him, them or it form doing so, or to recover monetary damages for such violation. Nothing herein shall be deemed to constitute and right of reverter.
Invalidation of any of the provisions of this declaration of covenants and restrictions by court decision or decree or decree shall in no way affect any of the other provisions which shall remain in full force and effect.
These covenants and restrictions shall apply to all lots on that plat entitled, PHASE 1, KEY SHEET FOR
WICKFORD HIGHLANDS, A.P. 111. LOTS 3, 14, 15 AND 20, A.P. 125, LOTS 5 & 8, [record lots 1-125 inclusive] SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND PREPARED FOR WAQUOIT LANDING, INC. SCALE: 1" = 200', DATED October 16, 1992, Revised August 17, 1993, Dwg. No. 3945A. Job No. 3305 BY GAROFALO AND ASSOCIATES, INC.,
Said Plat was recorded in Land Evidence Records, Book Number 0826, Pages Number 324, 325 & 326 of the Town of North Kingstown on August 23. 1993 at 10:19 AM. Said Plat being designated as Plat Card 1421
SPECIFIC COVENANTS AND RESTRICTIONS ARE AS FOLLOWS:
1. All lots shall be known and described as single family residential lots.
2. All plans, specifications and blue prints of single family structures shall be submitted to Grantor for prior approval: and no construction shall commence unless and until such approval of plans and specifications is granted in writing and unless and until (grantor has approved the lot lay out, the location of the dwelling house and other buildings upon the lot. the exterior style and the design of said dwelling and said other buildings, no vinyl siding shall be permitted.
3. No structures shall be erected, except hereafter mentioned, altered, placed or permitted to remain on any residential building plot other than one single family dwelling not to exceed two and one-half stories in height, together with a private attached garage for not less than two cars. All construction, including landscaping, shall be completed within one year of commencement of construction. Only attached garages shall be permitted. Fences erected on the property shall not extend beyond the front line of any home existing on any lot.
4. All structures shall be located not less than the required zoning setback for the Town of North Kingstown in existence at the lime of the recording of these restrictions.
5. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot shall be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
6. Except as may be otherwise herein expressly permitted, no outbuilding shall be constructed unless of wood or of a Walpole type construction designed for the purpose of storing garden tools, lawn furniture or similar accessories, such outbuilding to contain a maximum area of two hundred (200) square feet. No metal garage or other metal structure shall be erected or place on any lot.
7. No commercial vehicles shall be garaged on this lot, except a small "Panel Body" or small "Pickup Truck" which is used by the occupant of the house located on the lot on which the vehicle may be garaged.
8. Any swimming pool located on this lot shall comply with all the statues of the Rhode Island Rules and Regulations of the Rhode Island Department of Environmental Management or Department of Health, and all local rules, regulations and ordinances of the Town of North Kingstown pertaining thereto and shall be located only to the rear of a dwelling constructed on said lot.
9. No animals, livestock or poultry of an kind shall be raised, bred or kept on this lot except that dogs, cats or other household pets may be kept, provided that are not kept, bred, or maintained for any commercial purposes.
10. Each lot granted by Grantor shall not thereafter be subdivided, but such lot shall be held by Grantee(s), end any successor Grantee(s), as one entire parcel, excepting that one lot may be divided only where such lot is being used to add onto an adjoining lot to increase the adjoining lots size. Only a single family home may be placed on such merged lot.
11. Grantor reserves the right to grant easements and rights-of-way in, over and across such premises upon which no structure may be erected pursuant to the terms hereof, for the installation and maintenance of telephone, power lines, septic systems, storm drains, water lines and all other easements and/or rights-of-way as required by Grantor.
12. No noxious or offensive trade, or activity, shall be carried on upon said lot, nor any portion thereof, nor shall anything be done thereupon which may become an annoyance or nuisance to the neighborhood.
13. All construction performed on each dwelling house and lot shall hereafter be maintained so that the general suburban character of the land and the existing ecology shall, insofar as possible, be prepared and enhanced. The Grantee(s) shall utilize best efforts, including the taking of desirable affirmative action and forbearance from acting where desirable, to insure that the particular lot and the surrounding environs shall be and remain free from air pollution, water pollution, noise pollution and other like environmental hazards.
14. All sewage shall be disposed of by means of a septic tank or tanks providing adequate facilities for the disposal of all waste matter; each such septic tank or drain shall be constructed and maintained so that no waste materials of any description shall flow upon or contaminate the land of an abutting property owners, and each conform to the strictest engineering and construction standards of efficiency and sanitation, and shall conform to applicable state and local laws and ordinances, and shall at all times be maintained in proper sanitary conditions.
15. There may be up to three (3) recreational vehicles including recreational vessels with related boat trailers on a building lot provided that such vehicle or vessels are for personal or family recreational uses of a person who primarily resides of the building lot, and further provided that such vehicles or vessels are placed and kept to the rear of the dwelling on the building lot.
16. A minimum of three (3) trees shall be left standing and maintained within ten (10) feet of the front lot line. Said trees are not to be moved for any purpose except where necessary for the construction of driveway or purposes of safety.
17. No trees or brush shall be destroyed in the area known as common land except as specifically set forth in the Open Space Easement Document.
18. All driveways are to be constructed of a bituminous or concrete material and constructed so as to maintain the safest ingress and egress to the main road.
19. All residential dwellings shall have a minimum of (2000) square feet of living space in size, exclusive of garage and decks with a minimum of a two car attached garage.
20. Acceptance of a deed to a building lot shall constitute an agreement by the Grantee(s) to fully comply with all applicable terms and conditions set forth in this declaration.
21. The Grantee or his agent shall be responsible for cleanup of any soil erosion onto the respective roads due to the removal of vegetation from said lots. Any removal of vegetation is to be replaced by grass, shrubs, other mulch or other finished landscaping within one (1) year to insure the soil erosion is kept to a minimum. A continuous line of hay bales shall be placed along the front lot line of each respective lot during construction. During the period of excavation, construction and landscaping the lot shall be kept clean by the use of trash receptacles or by the daily removal of all debris from the lot. No track vehicles are to be unloaded, kept or used on paved roadways. All utility boxes located on any respective lot are to be left exposed on each lot that they appear. All landscaping shall be extended to the street (i e. lawn).
22. Amendments or Additional Restrictions: The Grantor reserves and shall have the right to amend these covenants and restrictions as the Grantor deems appropriate in its sole discretion, to amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between these provisions, and to release an lot from any part of these covenants and restrictions which have been violated if the Grantor in its sole judgment determines such violation to be a minor or insubstantial violation. Under no circumstances shall the minimum house size under paragraph 19 be reduced by the Developer or future Developers of the property. This amendment provision shall become of no force and effect upon the sale of the last lot is the aforementioned subdivision.
23. The Grantor expressly recognizes the existence of the Narragansett Bow Hunters Club which abuts the development. It is hereby covenant that no interference shall be initiated with the club's operation by the Grantor, its heirs, assigns or grantees.
24. The above restrictions and protective covenants shall run with the land and shall continue in full force and effect until December 31. 2050 when they shall forthwith terminate.
WICKFORD HIGHLANDS DEVELOPMENT CORPORATION
BY: ________________________________________
Ralph Campanelli, President
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In North Kingstown on the 31st day of August, 1993 before me personally appeared RALPH CAMPANELLI, President of Wickford Highlands Development Corporation, to me known and known to me to be the party executing the foregoing instrument, and he acknowledged said instrument by him executed, to be his free act and deed, individually and in his capacity as President of Wickford Highlands Development Corporation.
John H. Kupa, Jr.
NOTARY PUBLIC
My Commission expires 6-18-95