216
THIS INDENTURE made
the Fifteenth day of February in the year of our Lord one thousand
nine hundred and eighteen. Between the "OCEAN CITY LAND
COMPANY" a corporation created by
and existing under the laws of the State of New Jersey, party of
the first part, and JOSEPH
M. ROWLAND, of Philadelphia, State of
Pennsylvania, party ofthe second part: WITNESSETH that
$14.
U.S. the said party
of the first part, for and in consideration of the sum of Fourteen Thousand
Int.
Rev. Dollars lawful
money of the United States of America, unto it well and truly paid by the said
Stps.
party
of the second part hereto, at and before the ensealing and delivery of these
presents
the receipt whereof is hereby acknowledged, as well as the
payment of the taxes and perfor-
mance of the covenants, conditions, and restrictions
hereinafter mentioned, which are to be
kept and performed by the said party of the second part hereto,
hath granted, bargained, sold
aliened, enfeoffed, released, conveyed and confirmed and by
these presents doth grant, bargain
sell, alien, enfeoff, release, convey and confirm unto the said
party of the second part, his
heirs and assigns, ALL those certain lots or pieces of ground,
situate, lying and being in
Ocean City, on Peck's Beach, Upper Township, Cape May County,
State of New Jersey, BEGINNING
(Tract No.1) at the Southwest corner of Atlantic Avenue and St.
James Place and extending
thence (1) Southwardly, along the Westerly line of St. James
Place, seven hundred feet; thence
(2) Westwardly parallel with Atlantic Avenue, sixty-five feet;
thence (3) Northwardly, para-
llel with St. James Place, seven hundred feet to the southerly
line of Atlantic Avenue, thence
(4) Eastwardly, along the Southerly line of Atlantic Avenue
sixty-five feet to the place of
beginning. Being Lots Numbers 2, 4, 6, 8,
10, 12, 14, 16, 18, 20, 22, 24, 26 and 28, in Sec-
tion 2, on plan of
lots No. 2 B, of Ocean City Land Company. (Tract No.2) BEGINNING at the
Southeast corner of
Atlantic Avenue and St. James Place and extending thence (1) Southwardly
along the Easterly
line of St. James Place, seven hundred feet; thence (2) Eastwardly, para-
llel with Atlantic
Avenue, sixty-five feet; thence (3) Northwardly, parallel with St. James
Place, Seven hundred
feet to the Southerly line of Atlantic Avenue; thence (4) Westwardly,
along the Southerly
line of Atlantic Avenue, sixty-five feet to the place of beginning. Being
Lots Numbers 1, 3,
5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25 and 27, in Section 1, on said plan
of lots. It is
Covenanted and agreed that the word "avenue" used in the restriction
herein-
after contained relating to the distance buildings are required
to be kept back from the front
line, shall be and it is hereby construed to mean any and all
street or streets on which any
lot or lots may abut, whether such street or streets maybe
referred to and designated as a
"street", "place" or "avenue" or
mentioned or referred to by any other designation, and the
"front lines" of the lots as referred to in said restriction
shall be construed to mean the
line or lines of any lot or lots abutting on any street or
streets whether such streets may
be known and designated as a "street",
"place", "avenue", or known and referred to by any
other designation, and corner lots shall be regarded as having
front lines on both streets,
however designated, on which they abut. Provided, however, that
the restrictions contained in
this Deed regarding the distance buildings are to be kept back
from the lines of the lots,
shall not apply to the rear lines abutting the fifteen feet wide
alleys in rear of the lots
as shown on said plan. It is further covenanted and agreed that
the right to enforce any or
all restrictions contained in this Deed, by injunction or
otherwise, by the party of the first
part, its successors or assigns, grantee or grantees, under
deeds heretofore or hereafter
made, and the successors in title of such grantee or grantees,
or by any person or persons
having an interest in said restrictions, shall not in anyway be
affected by any violations
of any of said restrictions heretofore and hereafter committed
by any of the grantees of the
party of the first part or the successors in title of any such
grantees Under and subject
...
217
such sanitary and municipal laws or regulations as may hereafter
from time to time be made
or enacted by it. And also under and subject to the express
conditions and restrictions that
no building, of any description whatever, shall at any time be
erected within ten feet of the
front line of said Avenue, nor within four feet of the side
lines of said lot (excepting
where a party may own two or more contiguous lots, then a
building may be erected on any part
of the lot or lots, the owner thereof may desire, without regard
to the intervening line or
lines, provided the same is not built within four feet of the
outside lines of said lots,
nor within ten feet of the front lines thereof), and also, that
no building, or any part there
of,erected upon the said lot or lots, shall be used or occupied
as a livery or sales stable
dye-house, bone-boiling or skindressing establishment, soap,
candle, glue, starch, lamp-black,
poudrette or fish-guano manufactory, slaughter house, piggery or
tannery. Nor shall any build-
ing be used or occupied as a drug store, without the written
consent of the said "Ocean City
Association," and the party of the first part hereto. Also
under and subject to the express
condition and restriction that no spirituous, malt, intoxicating
or vinous liquors, prepar-
ations, or substances in the nature thereof, shall be
manufactured, bought, sold, or kept for
sale as a beverage, on the above described premises. It being
expressly understood and agreed
that the said grantee, and his heirs or assigns, shall not at
any time hereafter use said
premises, or erect or set up, or cause to be erected or set up,
on said premises, any build-
ing to be used as a house of prostitution, bawdy-house, or
house of ill fame, or dance or
gambling house, or other establishment in the nature thereof.
And that no business of any
kind whatever shall at any time hereafter be carried on upon the
said premises upon the Lord's
Day (commonly called the Sabbath or Sunday), nor shall any act,
matter or thing be done
thereon, that is a desecration of said Lord's Day. And also
under and subject to the express
condition and restriction that all private stables, privies,
etc., must be erected on the
rear line of said lot and conform in every particular to the
laws and regulations now made,
or that may hereafter from time to time be made, by the
"Ocean City Association." And also
under and subject to the express conditions, restrictions and
regulations, which may hereafter
from time to time be made, by the "Ocean City
Association" for carrying out and enforcing the
above conditions and restrictions, and the rules andregulations
necessary to insure the ori-
ginal intention and purpose of the "Ocean City
Association" in securing the whole Island as
a Christian seaside resort, and subject further also that no
building to be placed or erected
upon any lot or lots shall cost less than two thousand dollars.
TOGETHER with all and sin-
gular the buildings, improvements, woods, ways, rights,
liberties, privileges, hereditaments
and appurtenances, to the same belonging or in anywise
appertaining, and the reversions, and
remainders, rents, issues and profits thereof, and of every part
and parcel thereof: And also
all and singular the estate, right, title, interest, property,
possession, claim and demand
whatsoever, both in law and equity, of the said party of the
first part, of, in and to the
said premises, and every part thereof, withthe appurtenances: TO
HAVE AND TO HOLD the said
lots or pieces of ground , with all and singular the appurtenances,
hereditaments and premises
unto the said party of the second part his heirs and assigns, to
the only proper use, bene-
fit and behoof of the said party of the second part, _ heirs
and assigns forever. Under and
subject nevertheless to the payment of taxes as above mentioned,
and the condition and restric
tions above particularly set forth. And the said "Ocean
City Land Company" for itself, its
successors and assigns doth by these presents covenant, grant
and agree to and with the said
party of the second part, his heirs and assigns, that it the
said "Ocean City Land Company"
and its successors and assigns, all and singular the
hereditaments and premises hereinabove
described and granted, or mentioned and intended so to be, with
the appurtenances, unto the
said party of the second part, his heirs and assigns against it
the said "Ocean City Land
218
them or any of them, Shall and Will, subject as aforesaid,
warrant and forever defend. And
the said party of the second part hereto for himself, his heirs,
executors, administrators
and assigns, does hereby covenant, promise and agree to and with
the said party of the first
part hereto its successors and assigns, not to violatenor fail
to comply with any of the
above mentioned conditions, restrictions, regulations, or
provisions, or any other conditions
restrictions, regulations or provisions, which are or may be
hereafter made from time to time
by the said "Ocean City Association" but faithfully
keep and perform the same. And in the
event of any violation or failure to comply with said
conditions, restrictions or provisions,
then the said party of the first part hereto, its successors and
assigns, does reserve the
right to enter forthwith upon said premises without previous
notice, and use whatever force
may be necessary under the circumstances to abate said
violation, withoutany liability for
damages on the part of the said party of the first part hereto,
its successors and assigns,
to any action at law, equity, or otherwise, to the said party of
the second part, his heirs,
executors, administrators, or assigns, for so doing. The said
party of the second part hereto
for himself, his heirs, executors, administrators and assigns,
hereby giving and granting to
the said party of the first part hereto, its successors and
assigns, full power and authority
in law or otherwise so to do, for which this shall be a
sufficient warrant. IN WITNESS WHERE-
OF the said "Ocean City Land Company" hath hereunto
caused its Corporate seal to be affixed
attested by its Secretary, andthese presents to be signed by its
President, and the said
party of the second part has hereunto set his hand and seal, the
day and year first above
written. Signed, sealed and delivered |
in the presence of
|
The words "and numbered-in section-on |
(Corp. Seal of Ocean City Land Company)
the plan of lots of the said Ocean City |
Ezekiel V. Corson (Seal)
Land Company" in 16th & 17th lines first | President.
page were ruled out before signing. | Joseph M.
Rowland (Seal)
Joseph H.Carr as to Joseph M.Rowland |
Attest: Chas. C. Babcock, Secy. |
State of New Jersey, County of Camden, ss. Be it remembered,
that on the fourth day of March
A.D. 1918 before me a Master in Chancery of New Jersey
personally appeared the within-named
Joseph M. Rowland who I am satisfied is the grantee in the
within indenture, and I having
first made known to him the contents thereof he did then in due
form of law acknowledge the
within indenture to be his voluntary act and deed. All of which
is hereby certified.
Joseph H. Carr, Master in
Chancery of N. J.
State of New Jersey County of Atlantic, ss. Be it remembered
that On this Eighth day of March
A.D. nineteen hundred and eighteen before me, the subscriber a
Master in Chancery of New
Jersey personally appeared Charles C. Babcock of full age, who,
being by me duly sworn accor-
ding to law, upon his oath saith that he is the Secretary ofthe
Ocean City Land Company; that
he knows the Common seal of said Company; that the seal affixed
to the foregoing indenture is
the common seal of said Company; that Ezekiel V. Corson who is
President of said Company, did
by its order sign, seal and deliver the said Indenture as its
voluntary act and deed in the
presence of deponent, and that deponent did, at the execution
thereof, subscribe his name as
a witness thereto |
Sworn and subscribed before me this 8th |
day of March A.D. 1918. |
Charles C. Babcock
Herbert H. Voorhees, M. C. C. of N. J. |
Received and recorded thid Deed March 19, A. D. 1918 at 2 P. M.