OPEN SPACE EASEMENT AND COVENANT
WHEREAS, WICKFORD HIGHLANDS DEVELOPMENT CORP., a Rhode Island corporation, with its place of business at One Campanelli Drive, Braintree, Massachusetts 02184, is the owner of all the lots and parcels of land laid out and designated on that plat entitled, WICKFORD HIGHLANDS, NORTH KINGSTOWN, RHODE ISLAND, hereinafter referred to as the "Plat", which said Plat is recorded in the Office of the Town Clerk of the Town of North Kingstown, Rhode Island and is further designated as Plat 1421.
WHEREAS, said WICKFORD HIGHLANDS is in the process of developing said Plat with dwelling units and accessory installments and improvements; and
WHEREAS, the Town of North Kingstown, Rhode Island, a Rhode Island municipal corporation, pursuant to Chapter 36 of Title 45 of the General Laws of Rhode Island, 1956, as amended, and under Section 29 of Chapter 30 of the Ordinances of the Town of North Kingstown is empowered to acquire an easement in land so as to limit the future use of and otherwise conserve the open spaces and areas within said land.
NOW, THEREFORE, for consideration paid, WICKFORD HIGHLANDS does hereby grant unto the Town of North Kingstown and its successors and assigns a perpetual right and easement over the following land located in said North Kingstown, Rhode Island that the owner or developer will construct the development and install improvements both public and private in accordance with the approved plan. A bond shall be posted to guarantee completion.
DESCRIPTION OF THE EASEMENT AREA
Those certain tracts or parcels of land located in the Town of North Kingstown, County of Washington, State of Rhode Island, designated as those lots entitled open space on that plat entitled "PHASE 1, A.P. 111, LOTS 14, 15, 20 AND PORTION OF LOT 3, SUBDIVISION PLAN FOR WICKFORD HIGHLANDS A.P. 111, LOTS 3, 14, 15 AND 20, A. P. 125, LOTS 5 AND 8, SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND, PREPARED FOR WAQUOIT LANDING, INC. SCALE: 1"-60 ' DATED OCTOBER 16, 1992, REVISED August 17, 1993. Drawing No: 3945-2A and 3945-2B, Job No: 3305 by GAROFALO AND ASSOCIATES, INC." which is recorded in the Land Evidence Records of the Town of North Kingstown in Plat Book 1421.
The above-described parcel of land is sometimes referred to herein as "the easement area" and the easement herein granted to the town of North Kingstown shall constitute a negative easement upon the real estate, and to that end, and for the purpose of accomplishing the intent hereof, the Grantor does hereby covenant (which shall be deemed to be covenants running with the Land) on behalf of itself, its successors and assigns, with the Town of North Kingstown, its successors and assigns, to do and refrain from doing, severally and collectively, upon the easement area, the various acts hereinafter mentioned, it being hereby agreed and expressed that the doing or the refraining from said acts and each thereof, upon the easement area and the negative easements hereby granted are for the benefit of the residents of the Plat and the Town through the preservation of the natural, recreational and scenic values of the easement area.
The negative easements granted upon the easement area, and the acts which the Grantor covenants to do and refrain from doing upon the easement area in connection therewith, are and shall be as follows:
1. No development of the easement areas shall be made and no change of use shall be made other than recreational, agricultural or conservation uses or uses directly reserved hereafter.
2. No structure of any kind not now located thereon shall be placed or erected upon the easement area, except legal fences for agricultural purposes, designation of boundaries, that area located between the Bow Hunters property and the rear of abutting lots shall be fenced and small and inconspicuous structures incidental to the permitted uses of the easement area and no such structure shall be more than fifteen (15) feet in height. Provided, however, roadways may be constructed to adjoining parcels of land to facilitate their development. Recreational or cultural buildings, schools, churches and similar buildings compatible with the open space objective may be permitted only with the expressed approval of the Town Council of the Town of North Kingstown following approval of building site and operational plans by the Planning Commission. Any such structure approved by the Town Council and Planning Commission shall not be subject to the height restrictions.
3. The easement area shall not be used for storage of any nature or to dump or fill or to maintain a dump of ashes, trash, rubbish, sawdust, garbage offal or fill, or for any open storage of vehicle bodies or parts, farm, implements or parts, or any other unsightly or offensive material. The easement area shall not be used by any vehicles such as motorcycles, mini-bikes or other mechanized vehicles or conveyances. No boats, trailers, recreational vehicles or similar type vehicles shall be used or stored thereon.
4. The general topography of the land shall be maintained in its present condition, and no excavation or topographical changes shall be made except upon the permission of the Town Council. There shall be no mining or quarrying within the scenic area or the removal or storage of any surface or sub-surface minerals or materials. There shall be no cutting or removal of any trees or shrubs, except such as may be required for sanitation and disease control, the removal of dead or dying trees or shrubs, or the maintenance of the permitted use of the easement area, such as a path, road or an existing view.
5. The easement area shall be open to uses herein mentioned for the owners and occupants of those lots designated as Lots 1 through 125 inclusive on that plat entitled, "WICKFORD HIGHLANDS, A.P. 111, LOTS 3, 14, 15 AND 20, A.P. 125, LOTS 5 AND 8, SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND PREPARED FOR WAQUOIT LANDING, INC. SCALE 1" = 60' DATED OCTOBER 16, 1992, REVISED AUGUST 17, 1993, DWG. NO: 3945A and 3945B, JOB NO: 3305, BY GAROFALO AND ASSOCIATES, INC." which is recorded in the Land Evidence Records in the Town of North Kingstown in Plat Book 1421.
6. In all cases wherein in this instrument provision is made for action to be taken only with the permission of the Town Council, such permission shall be granted only after reasonable public notice, public hearing and a finding by the Town Council that the proposed erection, addition, excavation or topographical change, as the case may be, is in keeping with the landscaping and general surroundings and may be carried out without substantially derogating from the intentions expressed in this instrument.
7. In accordance with Sec. 21-214 (d) (8) of the of the North Kingstown Revised Ordinances, open space may be used for active recreation, passive recreation, conservation, forestry, agriculture, natural buffers, open space and utilities owned and operated by the Homeowners Association for their own use including septic systems and package sewage treatment facilities.
8. Nothing contained herein shall in any manner prevent WICKFORD HIGHLANDS DEVELOPMENT CORP., its successors and assigns, or any developer of the Plat from using the easement area during construction for any purposes associated with the development of the Plat and, in particular, permission is granted to perform such work in the easement area to comply with all necessary or required grades and elevations to secure adequate drainage. The purposes of the easement area relate to all uses after the Plat has been developed and shall in no way interfere with construction procedures while the Plat is being developed.
9. WICKFORD HIGHLANDS DEVELOPMENT CORP. further covenants and agrees that all persons acquiring interests in the easement area as a result of acquiring lots on the Plat will be subject to the restriction that in the event of failure or neglect on the part of said lot owners, their successors and assigns, to maintain the easement area, landscaping and improvements made by it thereon in good condition, the Town of North Kingstown may perform the necessary work and for the purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorneys' fees against said individual lot owners proportionate to their interest in said Lot. This proportionate to their interest, their successors, assigns, heirs, executors and administrators.
IN WITNESS WHEREOF, WICKFORD HIGHLANDS DEVELOPMENT CORP. has caused these presents to be executed by Ralph Campanelli, President
duly authorized on the 31st day of August, 1993.
WICKFORD HIGHLANDS DEVELOPMENT CORP.
BY: RALPH CAMPANELLI
PRESIDENT
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In North Kingstown, on this 31st day of August, 1993, before me personally appeared RALPH CAMPANELLI, President of WICKFORD HIGHLANDS DEVELOPMENT CORP., to me known and known by 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 CORP. and the free act and deed of said corporation.
John J. Kupa, Jr.
Notary Public
My Commission Expires: 6-18-95
UPON RECORDING PLEASE RETURN TO:
John J. Kupa, Jr., Esquire
WHEREAS, WICKFORD HIGHLANDS DEVELOPMENT CORP., a Rhode Island corporation, with its place of business at One Campanelli Drive, Braintree, Massachusetts 02184, is the owner of all the lots and parcels of land laid out and designated on that plat entitled, WICKFORD HIGHLANDS, NORTH KINGSTOWN, RHODE ISLAND, hereinafter referred to as the "Plat", which said Plat is recorded in the Office of the Town Clerk of the Town of North Kingstown, Rhode Island and is further designated as Plat 1421.
WHEREAS, said WICKFORD HIGHLANDS is in the process of developing said Plat with dwelling units and accessory installments and improvements; and
WHEREAS, the Town of North Kingstown, Rhode Island, a Rhode Island municipal corporation, pursuant to Chapter 36 of Title 45 of the General Laws of Rhode Island, 1956, as amended, and under Section 29 of Chapter 30 of the Ordinances of the Town of North Kingstown is empowered to acquire an easement in land so as to limit the future use of and otherwise conserve the open spaces and areas within said land.
NOW, THEREFORE, for consideration paid, WICKFORD HIGHLANDS does hereby grant unto the Town of North Kingstown and its successors and assigns a perpetual right and easement over the following land located in said North Kingstown, Rhode Island that the owner or developer will construct the development and install improvements both public and private in accordance with the approved plan. A bond shall be posted to guarantee completion.
DESCRIPTION OF THE EASEMENT AREA
Those certain tracts or parcels of land located in the Town of North Kingstown, County of Washington, State of Rhode Island, designated as those lots entitled open space on that plat entitled "PHASE 1, A.P. 111, LOTS 14, 15, 20 AND PORTION OF LOT 3, SUBDIVISION PLAN FOR WICKFORD HIGHLANDS A.P. 111, LOTS 3, 14, 15 AND 20, A. P. 125, LOTS 5 AND 8, SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND, PREPARED FOR WAQUOIT LANDING, INC. SCALE: 1"-60 ' DATED OCTOBER 16, 1992, REVISED August 17, 1993. Drawing No: 3945-2A and 3945-2B, Job No: 3305 by GAROFALO AND ASSOCIATES, INC." which is recorded in the Land Evidence Records of the Town of North Kingstown in Plat Book 1421.
The above-described parcel of land is sometimes referred to herein as "the easement area" and the easement herein granted to the town of North Kingstown shall constitute a negative easement upon the real estate, and to that end, and for the purpose of accomplishing the intent hereof, the Grantor does hereby covenant (which shall be deemed to be covenants running with the Land) on behalf of itself, its successors and assigns, with the Town of North Kingstown, its successors and assigns, to do and refrain from doing, severally and collectively, upon the easement area, the various acts hereinafter mentioned, it being hereby agreed and expressed that the doing or the refraining from said acts and each thereof, upon the easement area and the negative easements hereby granted are for the benefit of the residents of the Plat and the Town through the preservation of the natural, recreational and scenic values of the easement area.
The negative easements granted upon the easement area, and the acts which the Grantor covenants to do and refrain from doing upon the easement area in connection therewith, are and shall be as follows:
1. No development of the easement areas shall be made and no change of use shall be made other than recreational, agricultural or conservation uses or uses directly reserved hereafter.
2. No structure of any kind not now located thereon shall be placed or erected upon the easement area, except legal fences for agricultural purposes, designation of boundaries, that area located between the Bow Hunters property and the rear of abutting lots shall be fenced and small and inconspicuous structures incidental to the permitted uses of the easement area and no such structure shall be more than fifteen (15) feet in height. Provided, however, roadways may be constructed to adjoining parcels of land to facilitate their development. Recreational or cultural buildings, schools, churches and similar buildings compatible with the open space objective may be permitted only with the expressed approval of the Town Council of the Town of North Kingstown following approval of building site and operational plans by the Planning Commission. Any such structure approved by the Town Council and Planning Commission shall not be subject to the height restrictions.
3. The easement area shall not be used for storage of any nature or to dump or fill or to maintain a dump of ashes, trash, rubbish, sawdust, garbage offal or fill, or for any open storage of vehicle bodies or parts, farm, implements or parts, or any other unsightly or offensive material. The easement area shall not be used by any vehicles such as motorcycles, mini-bikes or other mechanized vehicles or conveyances. No boats, trailers, recreational vehicles or similar type vehicles shall be used or stored thereon.
4. The general topography of the land shall be maintained in its present condition, and no excavation or topographical changes shall be made except upon the permission of the Town Council. There shall be no mining or quarrying within the scenic area or the removal or storage of any surface or sub-surface minerals or materials. There shall be no cutting or removal of any trees or shrubs, except such as may be required for sanitation and disease control, the removal of dead or dying trees or shrubs, or the maintenance of the permitted use of the easement area, such as a path, road or an existing view.
5. The easement area shall be open to uses herein mentioned for the owners and occupants of those lots designated as Lots 1 through 125 inclusive on that plat entitled, "WICKFORD HIGHLANDS, A.P. 111, LOTS 3, 14, 15 AND 20, A.P. 125, LOTS 5 AND 8, SITUATED ON STONY LANE AND LANG DRIVE IN NORTH KINGSTOWN, RHODE ISLAND PREPARED FOR WAQUOIT LANDING, INC. SCALE 1" = 60' DATED OCTOBER 16, 1992, REVISED AUGUST 17, 1993, DWG. NO: 3945A and 3945B, JOB NO: 3305, BY GAROFALO AND ASSOCIATES, INC." which is recorded in the Land Evidence Records in the Town of North Kingstown in Plat Book 1421.
6. In all cases wherein in this instrument provision is made for action to be taken only with the permission of the Town Council, such permission shall be granted only after reasonable public notice, public hearing and a finding by the Town Council that the proposed erection, addition, excavation or topographical change, as the case may be, is in keeping with the landscaping and general surroundings and may be carried out without substantially derogating from the intentions expressed in this instrument.
7. In accordance with Sec. 21-214 (d) (8) of the of the North Kingstown Revised Ordinances, open space may be used for active recreation, passive recreation, conservation, forestry, agriculture, natural buffers, open space and utilities owned and operated by the Homeowners Association for their own use including septic systems and package sewage treatment facilities.
8. Nothing contained herein shall in any manner prevent WICKFORD HIGHLANDS DEVELOPMENT CORP., its successors and assigns, or any developer of the Plat from using the easement area during construction for any purposes associated with the development of the Plat and, in particular, permission is granted to perform such work in the easement area to comply with all necessary or required grades and elevations to secure adequate drainage. The purposes of the easement area relate to all uses after the Plat has been developed and shall in no way interfere with construction procedures while the Plat is being developed.
9. WICKFORD HIGHLANDS DEVELOPMENT CORP. further covenants and agrees that all persons acquiring interests in the easement area as a result of acquiring lots on the Plat will be subject to the restriction that in the event of failure or neglect on the part of said lot owners, their successors and assigns, to maintain the easement area, landscaping and improvements made by it thereon in good condition, the Town of North Kingstown may perform the necessary work and for the purpose may enter in upon the land and do said work and charge the cost thereof, including reasonable attorneys' fees against said individual lot owners proportionate to their interest in said Lot. This proportionate to their interest, their successors, assigns, heirs, executors and administrators.
IN WITNESS WHEREOF, WICKFORD HIGHLANDS DEVELOPMENT CORP. has caused these presents to be executed by Ralph Campanelli, President
duly authorized on the 31st day of August, 1993.
WICKFORD HIGHLANDS DEVELOPMENT CORP.
BY: RALPH CAMPANELLI
PRESIDENT
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In North Kingstown, on this 31st day of August, 1993, before me personally appeared RALPH CAMPANELLI, President of WICKFORD HIGHLANDS DEVELOPMENT CORP., to me known and known by 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 CORP. and the free act and deed of said corporation.
John J. Kupa, Jr.
Notary Public
My Commission Expires: 6-18-95
UPON RECORDING PLEASE RETURN TO:
John J. Kupa, Jr., Esquire