THEIR HEIRS AND ASSIGNS, AND WITH EACH OF THE OTHERS, HIS HEIRS AND ASSIGNS, AS FOLLOWS: 1. That none of the several parties hereto, nor his heirs, or assigns, shall, or will, at any time hereafter, erect, or cause to be erected, upon any of the lots owned by them, respectively, or any part of the same, any building, or erection, other than a brick, or stone, dwelling house of at least two stories in height, and with the ordinary yard appurtenances to dwelling houses, and except churches and stables of brick, or stone, for private dwelling, and, further, that they will not hereafter erect, or permit, upon such lot, or any part of the same, any livery stable, slaughter house, smith shop, forge, furnace, steam engine, brass foundry, nail, or other iron, factory, or any manufacture of gunpowder, glue, varnish, vitriol, ink, or turpentine or for the tanning, dressing or preparation of skins, hides, or leather, or any brewery, distillery, museum, theatre, circus, place for the exhibition of wild animals, or any other erection known as nuisance in the law. 2. It is further covenanted and agreed that the above covenants shall be deemed, and taken to be, covenants running with the land. 3. That, in case of any violation, or attempted violation, of any of the covenants herein contained by any of the parties hereto, his, her, or their, heirs and assigns, a bill may be filed by any one, or more, of the other parties, their, or his, heirs, executors, or assigns, to obtain a perpetual injunction against the same. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year first above written. John Doe (L.S.). Richard Roe (L.S.). In the presence of John Jones. No. 157. Covenant to assume mortgage.18 This conveyance is made subject to two certain mortgages, each for five thousand ($5,000) dollars, with interest on each at the rate of five (5%) per cent, from December 10, 1922, which the second party hereby assumes and agrees to pay. 1 Adapted from Schley v. Fryen (1885), 100 N. Y. 71, 4 N. E. 104. No. 158. Covenant to erect building, within a specified time.1 That the second party shall, within one year from the date hereof, erect, build and complete on said land a substantial twostory dwelling house, to cost no less than ten thousand ($10,000) dollars. No. 159. Covenant to erect dwelling house only.18 That the land herein granted shall be used for residential purposes only, and that no building or structure of any kind whatsoever other than a dwelling house shall be erected thereon. No. 160. Covenant not to erect any building other than private dwelling of specified height.19 That the second party, his heirs or assigns, shall not at any time. hereafter erect, or cause, or suffer, or permit to be erected, upon the hereby granted premises, or any part thereof, any building other than a brick or stone private dwelling house, not less than three stories in height. No. 161. Covenant not to erect building, within specified distance.20 This conveyance is made and taken by the grantee with the express understanding and agreement that any and all dwellings erected on the land hereby conveyed shall be erected not nearer than twenty-five feet to the front street line of the lot. "Adapted from Hurley v. Brown (1899), 44 App. Div. 480, 60 N. Y. Supp. 846, 18 Adapted from Hepburn v. Long (1911), 146 App. Div. 527, 131 N. Y. Supp. 19 Adapted from Pagenstecher v. Carlson (1911), 146 App. Div. 738, 131 N. Y. Supp. 413. 154. 20 Adapted from McDonald v. Spang (1907), 55 Misc. 332, 105 N. Y. Supp. 617, 20 N. Y. Anno. Cas. 68. No. 162. Same-another form." That no building whatsoever shall be erected, within five (5) feet of the front of any of said lots. No. 163. Covenant not to erect particular class of houses, nor use the property for any specified objectionable purpose.22 Subject, however, to the following covenants and restrictions, which shall be taken to be real covenants running with the land and binding upon the second party, his heirs, executors, administrators, and assigns, for a term of twenty years, from the 5th day of January, 1923, viz.: That neither said vendee nor his heirs, assigns, or undertenants, shall, or will, erect, or suffer, or permit, to be erected upon any part of said land hereby conveyed, any public bathing house, slaughter house, blacksmith shop, forge, foundry, or furnace, or any factory of any kind or nature, whatsoever, or tannery, or other factory for the manufacture, preparation, or treatment of skins, hides, or leather, or any brewery, malt house, or distillery, or any building, booth, or other structure, for the manufacture, or sale of any malt or spirituous or distilled liquors or drinks of any description, or to be used as a livery stable, or for the carrying on of any noxious, dangerous, or offensive trade, or business, or any building of the character, or description, known as a tenement house, hotel, or boarding house, or any barn, or stable, whatsoever, or for the giving of shows or public entertainments of any kind, and that neither he, nor they, will give, or permit to be given, upon said land, any shows, concerts, theatrical or musical performances, or any entertainment whatever of a public character, whether accompanied by music or not, which attracts, or is calculated to attract, divert, or collect, a congregation of persons, and that neither he, nor they, shall, or will, use, or suffer, or permit, to be used, erected, or commenced, any building or structure, erected, Adapted from Grout v. Zapfe (1920), 113 Misc. 365, 184 N. Y. Supp. 498. Adapted from Sullivan v. Sprug (1915), 170 App. Div. 237, 156 N. Y. Supp. or to be erected, on said premises, for any of the above mentioned and prohibited purposes, businesses, or uses, nor for any hospital, cemetery, asylum, manufactory, trade, shop, store, hotel, club house, boarding house, stable or garage. (C).-Reservations No. 164. Reservation by grantor of right to damage to fee caused by railroad.23 The first party, nevertheless, expressly reserves to himself, and excepts from this conveyance, any and all rights, damages, and claims against the Doe Central and Hudson River Railroad Company and any other person or corporation whatsoever for the erection, construction and maintenance or use of any structure or raised way or railroad track on Jones Avenue opposite the premises hereby conveyed. No. 165. Reservation by grantor of right to damages, past, present and future, caused by railroad.2 24 The first party hereby reserves all claim or right of action against the Doe Railroad Company, for any and all injury or damage done to the aforesaid property, or to the value, or uses thereof, in the past, present or future, by reason of the construction and operation of the elevated railroad in front of the said premises, and as the same is now constructed and operated. No. 166. Reservation by grantor of right to grade and improve property.25 The first party hereby reserves to itself, its successors and assigns, the right of raising the grade of the aforesaid property to 23 Adapted from Wehrenberg v. Seiferd (1908), 125 App. Div. 527, 109 N. Y. Supp. 896. Adapted from Western Union Telegraph Co. v. Shepard (1901), 169 N. Y. 170, 62 N. E. 154, 58 L. R. A. 115. 25 Adapted from. Strauss v. Estates of Long Beach (1919), 187 App. Div. 876, 176 N. Y. Supp. 447. the general level of surrounding property; and of having its agents, servants and employes cross and re-cross the aforesaid property with pipes, machinery, etc., for a reasonable time, to complete the improvements upon the aforesaid property and the surrounding property. No. 167. Reservation by grantor of right to lay pipes and conduits.26 The first party hereby reserves to itself, its successors and assigns, the right of laying under said property, at any time, pipes and conduits for sewers, electric lights, telephone and gas. No. 168. Same—another form.27 The first party hereby reserves to itself, its successors and assigns, the right to lay, beneath the surface of the soil of the aforesaid property, at the end of the lots hereby conveyed, within three feet from the end of the same, gas, water and sewer pipes, or electric light or power fixtures. No. 169. Reservation by grantor of life estate, with grant of life estate to each of two others in undivided half of property, subject to his own life estate, and grant of remainder, subject to such life estate.2 28 TO HAVE AND TO HOLD the above granted and described premises with the appurtenances unto Jane Doe and Mary Doe, from and after the death of the said first party, as tenants in common during their respective lives, and, at the death of either of them, to the said John Doe, his heirs and assigns as to the share or undivided half of the one so dying, to his or their own proper use and behoof forever. 26 Adapted from Strauss v. Estates of Long Beach (1917), 187 App. Div. 876, 176 N. Y. Supp. 447. 27 Adapted from Coyne v. Valley Stream Realty Co. (1916), 219 N. Y. 609, 114 N. E. 1063. 29 Adapted from Partenfelder v. People (1914), 211 N. Y. 355, 105 N. E. 675. |