Return to Restrictions - Southern
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.