Rosewood Estates is a deed restricted community with a set of bylaws to develop a community designed for safe, healthful and harmonious living and to promote the collective and individual property and civic interests and rights of all persons owning property at Rosewood Estates Residential Subdivision.
In May of 2000, a series of restrictive and protective covenants governing Rosewood Estates were submitted to and approved by the Town of North Kingstown. These covenants remain in effect until December 21st, 2050.
DECLARATION of RESTRICTIVE and PROTECTIVE COVENANTS IMPOSED UPON SUBDIVISION of LAND ENTITLED “ROSEWOOD ESTATES”
Owned and Developed by R&S Investments, Inc.
Known by all men by these presents:
That whereas, R&S Investments, Inc. (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 and restrictions on said property for the benefit of the present and future owners of the same;
Now, therefore, R&S Investments, Inc., 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 hereafter 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 hereafter identified plats now owned by R&S Investments, Inc. 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 as shown on said hereafter 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, restrictions, and covenants shall hereinafter be referred to as covenants and restrictions.
In case of any violation or attempt to violate any of the covenants or 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 to institute and prosecute any proceedings at law or in equity against the person or persons, firms or corporation violating or attempting to violate any such covenant or restriction, and prevent him, them or it from doing so, or to recover monetary damages for such violation. Nothing herein shall be deemed to constitute any right of reverter or any reversionary interest. Pursuant to 42 USC 3604(C), these covenants and restrictions are neutral, and no preference, limitation or discrimination is created based on color, religion, sex, handicapped, familial status or national origin.
These covenants and restrictions shall apply to all record lot numbers 1 through 42, inclusive; on that certain tract or parcel of land located in the Town of North Kingstown, County of Washington, State of Rhode Island, on that plat entitled: “Rosewood Estates A Residential Subdivision in North Kingstown, RI Assessor’s Plat 126, Lot 3 and a portion of Lot 5, prepared by Diprete Engineering Associates, Inc Prepared for R&S Investments, Inc.” dated October 12, 1999 and recorded in the Land Evidence Records of the Town of North Kingstown on May 2000.
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 until Grantor has approved the lot, the exterior style and the design of said dwelling and said other buildings. No vinyl siding shall be permitted unless expressly in writing approved by Grantor.
3. No structures shall be erected, except hereafter mentioned, altered, placed or permitted to remain on any residential building lot 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 time of the recording of these restrictions.
5. No trailer, basement, tent, shack, garage, barn or other outbuilding erected on this 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 maximum area of two hundred (200) square feet. No metal garage or other metal structure shall be erected or placed on any lot. Cabanas for Pools shall be permitted provided they are of wood construction and do not exceed two hundred (200) square feet.
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 statutes 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 any kind shall be raised, bred or kept on these lots except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes.
10. Each lot granted shall not thereafter be subdivided, but such lot shall be held by the Grantee(s), and 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 a merged lot. Lot lines may be modified by administrative subdivision through the Town of North Kingstown and with permission of the developer.
11. Grantor reserves the right to grant easements and right-of-way in, over and across such parts of the 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 right-of-way as required by Grantor.
12. No noxious or offensive trade, or activity, shall be carried on upon the said lot, nor any portion thereof, nor shall anything be done thereupon which may be or 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 preserved and enhanced. The Grantee(s) shall utilize best efforts, including 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 any 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 vehicles 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 a 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 be a minimum of two thousand five hundred (2,500) square feet of living space in size exclusive of garage and decks with a minimum 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 for 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 the 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 sole right to amend these covenants and restrictions as the Grantor deems appropriate in its sole discretion. The Grantor may amend these covenants and restrictions for the purpose of curing any ambiguity in or any inconsistency between these provisions, and to release any 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 in the aforementioned subdivision.
23. There shall be a building construction envelope for each residential lot within the Rosewood Subdivision. The construction envelope is shown on the recorded plan. The purpose of the construction envelope is for the location of the residential structure and to discourage indiscriminate clearing of existing trees and vegetation. The building envelope limits the contractor from clearing all healthy trees of 4” caliber or more from outside the building envelope shown on the plans. Contractor shall not cut trees within 15 feet of the side lot line and 25 feet of the front lot line, exclusive of clearing required for the installation of driveways, individual sewage disposal systems, utilities and required grading. The contractor shall access the lot by way of an access road which shall become the driveway, upon completion of the residence. The remainder of the lot maybe subject to selective pruning and thinning of vegetation only. This limitation of clearing is intended to preserve the existing healthy vegetation, but shall not preclude the homeowner from building other structures, landscaping the property, and/or cutting trees, as they so desire for other site improvements outside the construction envelope. A waiver or modification of the building envelope may be granted by the Grantor, due to unforeseen, onsite conditions (examples of unforeseen, onsite conditions include but are not limited to sub soil conditions, ledge outcroppings, protection of trees, topographical considerations and other conditions which would warrant such modification). This modification authority, retained by the developer, shall be exercised within its total and sole discretion.
24. The Grantor expressly recognized the existence of the Narragansett Bow Hunters Club which abuts the development. It is hereby convenient that no interference shall be initiated with the club’s operation by the Grantor, its heirs, assigns, or grantees.
25. The above restrictions and protective covenants shall run with the land and shall continue in full force until December 21, 2050 when they shall forthwith terminate.
Copyright © 2023 Rosewood Homeowners Association - All Rights Reserved.
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