MASONS
ISLAND COMPANY RESTRICTIONS & COVENANT – Southern Area
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Together
with the right as an appurtenance to the land described herein and to be
used in common with said Company and with others to whom the right has
been or may be conveyed, to use the beaches, docks, roads, rights of way
and parks on said Island that have been or may be hereafter reserved or
designated for such purposes by said Company, or as they have been or may
be hereafter changed or modified by said Company, under such reasonable
regulations as said Company from time to time may prescribe in its sole
discretion. Such right, however, shall be appurtenant to the land
described herein and shall not be conveyed separately from the land
described herein.
This deed Is
given and received and said land is conveyed subject to the following
encumbrances, condition, restrictions and reservations, all of which are
to be construed as covenants real running with the land and shall be
binding upon said grantees, their heirs and assigns forever, but may be
released or modified by said Company only by written instrument executed
in form as provided for the execution of a deed of land in the State of
Connecticut.
By
acceptance of this deed the Grantee hereby specifically agrees as follows:
1. No
building, other than a one-family dwelling house, plans for which must be
drawn, designed and certified by a registered architect, shall ever be
erected on said land, nor shall any building erected on said land be used,
at any time, other than as a one-family dwelling house; except that a
private garage used solely for automobile storage and uninhabitable
forming part of such dwelling house may be erected on said land. The term
building shall include any fence. No spot or flood or other such lights
shall be placed to direct the light outside of the property lines
2. No
building or improvement shall be constructed, erected or placed upon said
lot until a Certificate of Approval of plans specifying the location,
design, exterior color, and materials (in accordance with Guidelines,
which may be amended by the Company, furnished to the Grantee) has been
issued by The Masons Island Company and recorded on the land records in
the Town of Stonington. The Grantee further agrees that construction, once
commenced, shall be completed in accordance with said approved plans.
3. No
building now on, or hereafter erected on, said land shall ever be used for
any purpose other than as a one-family dwelling, including but not limited
to a hotel, public bath house, shop, store, restaurant, pub house, public
garage, gasoline station, or other place of business: nor shall any fowl
or domestic animals, except dogs and cats, ever be kept on said land.
4. No
building or part thereof shall ever be erected or maintained on said land
within thirty (30) feet of the street, within fifteen (15) to twenty five
(25) feet of the side property lines, and within forty (40) feet of the
rear property line.
5. A septic
tank shall be used as the only method of disposing of sewage from said
land and all receptacles for the disposal of garbage and refuse shall be
concealed from view from the street and the adjoining properties, and
clothes drying shall be reasonably concealed. The Company must approve
placement of the septic tank.
6. The
planting of trees and bushes along or near the street lines of said land
shall conform to the general plan and be subject to the approval of said
Company. The Company reserves the right to enter upon said land for the
purpose of trimming trees and bushes in a reasonable manner to maintain
the view from adjoining properties. Any such trimming will be at the
Grantee’s expense. The Company also reserves the right to determine what
is a reasonable manner to conduct tree trimming, and what constitutes a
need to maintain the view from adjoining properties. Grantee acknowledges
that trees and bushes may be trimmed to a height lower than they were at
the time of Grantee’s acquiring the property. No third-party rights are
conferred by this clause.
7. Said
land, or any part hereof, shall not, at any time, be sold or conveyed to
any person unless said Company shall have first been notified in writing
of the owners' desire to sell said land and given a period of thirty (30)
days in which to purchase the same for the price at which the owners have
received in the form of a written binder binding on both parties a bona
fide offer which they desire to accept.
8. The
above described premises abuts on a private street. In the event that such
street is offered to the Town of Stonington for acceptance into the public
highway system, the lot owners may be assessed for the benefits accruing
to said property and for any improvements necessary in connection
therewith.
9. It shall
be the responsibility of the Grantee, its heirs, successors and assigns,
to maintain or replace all boundary markers of said land.
10. No
boats will be stored on said property.
11. The
Grantee expressly acknowledges that its agreement to these terms is a
material and integral part of the consideration for the grant of this
deed. All determinations made by the Company with regard to Grantee’s
obligations as set forth above are at the sole and absolute discretion of
the Company without regard to reasonableness. Grantee consents to the
entry of an injunction against it for alleged violations of Grantee’s
obligations, regardless of the presence of immediate harm. Grantee will
pay all attorney’s fees and costs incurred by the Company in the event
Grantee fails to fulfill said obligations. The Company may under no
circumstances be deemed to have waived any of its rights by failing to
exercise them, and the Company shall also not have any obligation to
exercise its rights.
12. The Grantor
Masons Island Company shall have the right to approve all fence designs
and installations on the subject premises. No fence other than a 2 Rail
type fence with vinyl mesh, black or brown in color shall be approved.