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     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.