Deed Restrictrions 1923 | Historic Facts
The original deed restrictions below are found in the title reports of all St. Leonard’s properties. While many of the original restrictions have since become obsolete and replaced by more modern zoning requirements as part of the Ventnor City master plan, the deed restrictions have protected the nature of St. Leonard’s being a single family neighborhood with large lots for over 90 years.
This Indenture, made the first day of May, in the year of our Lord one thousand nine hundred and twenty-two, between the parties subscribing hereto, and such other persons who shall execute a similar indenture, bearing even date herewith, who shall be construed to be parties to this agreement:
WITNESSETH, that in consideration of the mutual benefit to be derived by each from the other, and the further consideration of one dollar ($1.00), from each to the other in hand paid, receipt whereof is hereby acknowledged, do severally covenant, grant and agree with one another, and each other, that on the lands held by each of the subscribers hereto, and the lauds held by such other persons “who shall subscribe to similar indentures bearing even date herewith, situate in the City of Ventnor City, County of Atlantic and State of New Jersey, and within the boundaries as follows:
On the east by the center line of Surrey Avenue, on the north by Inside Thoroughfare and the center line of Winchester Avenue, on the west by the center line of Cambridge Avenue, and on the south by High Water Mark of the Atlantic Ocean.
That no building or any part thereof, erected on any part of the said lands, shall be used as a slaughter house, bone boiling establishment, piggery, or other purpose which may create a public or private nuisance.
That not more than one building, excepting private garage, shall be erected upon a single lot as mapped on the plan and supplemental plan of lots of the St. Leonards’ Land Company, on file in the office of the Clerk of the County of Atlantic, at May’s Landing, New Jersey, nor shall any one who shall own more than one lot which may be contiguous, erect more than one building except as aforesaid, on any single lot as planned.
That no building shall be erected upon any part of the said lands except for cottage resident purposes and private garages incident thereto, over which may be built living quarters, not to exceed one story in height, for occupancy only by household servants.
That no building erected on said land or any part thereof may be used, for any purpose other than cottage resident purposes and private garages incident thereto.
That the foundation of all buildings shall be not more than seven feet above the established grade of Ventnor City.
That no building erected upon any part of said lands shall be used as a sanitorium, sanitarium, hospital, home for cripples, home for the infirm, home for the old aged, establishment for mental defectives, tuberculosis, hotel, inn, boarding-house, public or private, or other public or quasi-public institution.
That no building shall be erected nearer the front property line of any avenue than twenty feet, nor nearer than five feet of the side lines of lots; provided that where a party may own two or more contiguous lots, then a building may be erected on any part of said lots without regard to the intervening side lines, provided the same is not within the said distance of the outside line of said contiguous lots, and provided further that bay windows on the front of said building may extend two feet beyond the main body of the building.
That all garages shall be erected on the rear of the lot or lots contained within said boundaries and at least five feet from the adjoining side line thereof, it being understood and agreed that for all purposes, corner lots on Atlantic and Ventnor Avenues have two fronts, provided that no garage on a corner lot shall be erected nearer street line than thirty feet, and provided, however, that these restrictions relating to location of garages shall not apply to corner lots located on the south side of Atlantic Avenue, in which cases garages may be built within twenty feet of street.
The eaves of houses and garages shall not be construed to be included within the foregoing covenants.
Porches extending not nearer than eight feet to the front property line shall not be construed to be within the foregoing covenants.
Any party to this agreement, his heirs, successors or assigns, shall be entitled to institute and prosecute proceedings in equity against any person or persons violating or threatening to violate said restrictions, the object of said restrictions and covenants being to secure the health, beauty, ornamentation and value of the land comprised within said boundaries.
These restrictions shall not abrogate any or all restrictions existing against the said lands as heretofore restricted by the St. Leonards’ Land Company, but are in addition thereto.
That in case of the removal or destruction of any building or part of a building now erected in violation of the foregoing covenants and conditions, or any of them, said lands shall be subject to the covenants and conditions here mentioned, and any new building or part thereof, shall not be erected or used in violation thereof.
It is expressly understood and agreed that the foregoing covenants and conditions are accepted and agreed to by the parties subscribing to these or said similar instruments, and shall bind their heirs, executors, administrators, successors and assigns.
That said covenants and restrictions shall attach to and run with the land.
These restrictions shall apply to all by whom they may be executed, be the same natural persons or bodies corporate.
IN WITNESS WHEREOF, the said parties hereto, being natural persons, have hereunto set their hands and seals, and the bodies corporate have caused these presents to be sealed with their corporate seals, signed and attested by their duly authorized officers, the day and year hereinabove first written.
