[The following is a reprint of the Declaration
of Restrictions, made by Russell Gardens, Inc., which generally affects
all residential property in the Village of Russell Gardens. These
restrictions are now administered and enforced by the Russell Gardens
Associations, Inc.]
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DECLARATION made and dated
June 23rd, 1925, by Russell Gardens, Inc., a corporation organized
and existing under and by virtue of the laws of the State of New York.
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WHEREAS, Russell Gardens,
Inc., is the owner of a certain tract of land at Great Neck, in the
County of Nassau, State of New York, shown on the map entitled: "Map
of Russell Gardens, Section 1, belonging to Russell Gardens, Inc.,
situated at Great Neck, Nassau County, New York, surveyed by D. C.
Will, Great Neck, N.Y., June, 1925," and filed in the office of the
Clerk of the County of Nassau, State of New York, on June 26th, 1925,
as Map No. 565; and
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WHEREAS, Russell Gardens,
Inc., is about to sell property shown on said map which it desires
to subject to certain restrictions, conditions, covenants, charges
and agreements between it and the purchasers of such property, as
hereinafter set forth:
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NOW, THEREFORE, Russell Gardens,
Inc., declares that the property shown on said map is held and shall
be conveyed subject to the restrictions, conditions, covenants, charges
and agreements set forth in the various paragraphs of this Declaration,
to wit:
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FIRST: The restrictions, conditions,
covenants, charges and agreements set forth in this Declaration shall
affect all of said property with the following exceptions: The restrictions
contained in paragraphs "FOURTH," "SIXTH," and "SEVENTH" shall not
affect Lot. No. 9, in Block A; Lot No. 15, in Block B; Lot No. 15,
in Block C; Lot No. 8, in Block D; Lot No. 11, in Block E; Lots Nos.
1 to 6, inclusive, in Block H; Lots Nos. 15 and 16, in Block I; Block
M; Lots Nos. 11 to 18, inclusive, in Block N; Lots 19 to 22, inclusive,
in Block P; and Lot No. 3, in Block Q.
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SECOND: The word "street,"
as used in this Declaration, is defined as meaning any street, highway
or other thoroughfare shown on said map, whether designated thereon
as street, drive, avenue, terrace, road, parkway, or otherwise, except
"private lanes."
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A "front street" shall, as
to any lot except a corner lot, be deemed the street, not less than
50 feet in width, upon which the particular lot abuts. A corner lot
shall be deemed to front on the street, not less than 50 feet in width,
upon which it has its smallest dimension.
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The word "building" as used
in this Declaration, when not qualified, is defined as meaning a detached
building.
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THIRD: There shall not be
erected, permitted, maintained or carried on upon said property, or
any part thereof, any manufacturing establishment, or any brewery,
distillery, malthouse, slaughterhouse, brass foundry, tin, nail or
other iron foundry, lime kiln or sugar bakery, tallow chandlery, crematory,
hospital, sanitarium, asylum or institution of like or kindred nature,
stable of any kind (the word stable not being intended to include
a garage), cattle yard, hogpen, fowl yard or house; nor any cattle,
hogs or other live stock or live poultry; nor any establishment for
the making or preparing of soap, candles, starch, vitriol, glue, ink,
turpentine, oil, lampblack, gunpowder, dynamite or other explosives,
baking powder, cream of tartar, gas, asphalt, or fertilizers; nor
any establishment for bone boiling, fat boiling, dyeing, tanning,
dressing or preparing of skins, hides or leather; nor any noxious,
dangerous or offensive thing, trade or business or use of the property
whatsoever. (Nothing herein contained shall be construed to prevent
the erection and maintenance of a garage or garages for the use of
the general public on Lot No. 9, in Block A; Lot No. 15, in Block
B; Lot No. 15, in Block C; Lot No. 8, in Block D; Lot No. 11, in Block
E; Lots Nos. 1 to 6, inclusive, in Block H; Lots Nos. 15 and 16, in
Block I; Block M; Lots Nos. 11 to 18, inclusive, in Block N; Lots
Nos. 19 to 22, inclusive, in Block P; and Lot No. 3, in Block Q.)
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FOURTH: The property shall
be used for private residence purposes only (except as to Lot No.
9, in Block A; Lot No. 15, in Block B; Lot No. 15, in Block C; Lot
No. 8, in Block D; Lot No. 11, in Block E; Lots Nos. 1 to 6, inclusive,
in Block H; Lots Nos. 15 and 16, in Block I; Block M; Lots Nos. 11
to 18, inclusive, in Block N; Lots 19 to 22, inclusive, in Block P;
and Lot No. 3, in Block Q), and no buildings shall be erected or maintained
thereon, except private dwelling houses, each private dwelling house
to be built on a plot having a frontage of not less than 80 feet,
except on Lots 1 to 18, inclusive, in Block P, and Lots 1 to 10, inclusive,
in Block N, where each private dwelling house may be built upon a
plot having a frontage of not less than 60 feet, each of the said
dwelling houses to be for occupation by not more than one family,
or one housekeeping unit; and private garages for the sole and exclusive
use of the owners or occupants of the lots or plots upon which such
garages are erected.
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FIFTH: No building, fence,
wall or other structure shall be erected or maintained upon the said
property, or any part thereof, nor any change or alteration made therein,
unless the plans and specifications therefor showing the nature, kind,
shape, height, material, color scheme and location of such structure,
and the grading plan of the lot or plot to be built upon, shall have
been submitted to, approved in writing by, and a copy thereof as finally
approved, lodged permanently with Russell Gardens, Inc.
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SIXTH: No building or part
thereof, except porches, steps and bay, bow and oriel windows, as
hereinafter provided, shall be erected or permitted within 30 feet
of any front street.
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No building or part thereof,
except porches, steps and bay, bow and oriel windows, as hereinafter
provided, shall be erected or permitted within 30 feet of any side
street not less than 50 feet in width.
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No building or part thereof,
(except garages, referred to in paragraph "FOURTH") shall be erected
or permitted within 20 feet of the rear line of any lot.
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Porches, the floors of which
are not higher than the level of the first floor of the building,
may be built to within 20 feet of any such front street where the
building setback therefrom is 30 feet, and to within 20 feet of any
such side street.
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Bay, bow and oriel windows
may encroach on any such restricted areas, except on those in the
rear, by projecting thereon not more than three feet.
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No detached garage shall be
erected within 50 feet of any front street, or within 30 feet of any
other street not less than 50 feet in width or within five feet of
the rear line of any lot.
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If, for any reason, it is
uncertain which are the front, sides or rear lines of any lot or plot,
or the restricted areas adjoining the same, Russell Gardens, Inc.,
shall in such cases determine what are to be deemed such lines and
restricted areas, and the decision of Russell Gardens, Inc., in respect
thereto shall be final.
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SEVENTH: Free spaces shall
be left on the lot or plot built upon on both sides of every building,
extending the full depth of the lot or plot, which free spaces shall
be independent of any free spaces pertaining to or required for any
other building. No part of any building, except porches, steps and
bay, bow and oriel windows, as hereinafter provided, shall encroach
on these free spaces. The aggregate width of such free spaces on both
sides of any building, except to the extent modified in deeds made
by Russell Gardens, Inc., shall be, for buildings 40 feet or less
in width, not less than 30 feet, and for buildings more than 40 feet
in width, not less than 50% of the width of the building.
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The minimum width of such
free spaces to be left on either side of any building shall be 10
feet.
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Porches, the floors of which
are not higher than the level of the first floor of the building,
may encroach upon such free spaces, but not nearer than 10 feet to
either exterior limit of such free spaces.
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Steps extending not higher
than the level of the first floor of the building may be built on
such free spaces.
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Bay, bow and oriel windows
may encroach upon such free spaces by projecting thereon not more
than three feet. Such bay, bow and oriel windows shall in no event,
however, be built nearer than 10 feet to either exterior limit of
such free spaces.
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If the width of any building
by reason of its irregular shape or otherwise, or if the location
of the free spaces required herein in relation thereto be uncertain,
Russell Gardens, Inc., shall in all such cases determine what is to
be deemed the width of such building, and the location of such free
spaces, and the decision of Russell Gardens, Inc., in respect thereto
shall be final, or the locations and minimum aggregate width of such
free spaces may, in any case, be determined by Russell Gardens, Inc.,
and particularly described in the deeds of the plots as to which such
determination is made.
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EIGHTH: No building commonly
known as an apartment house, for the occupation of more than one family,
shall be erected or used for such purposes, except on Lots 1 to 6,
inclusive, in Block H; Block M; and Lots 11 to 18, inclusive, in Block
N. There shall be no toilet outhouse of any kind or description on
the property shown on said map, or any portion thereof.
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NINTH: No dwelling house shall
be erected or maintained which shall cost less than the amounts to
be specified by Russell Gardens, Inc., in the several deeds of the
lots or plots to be conveyed, the said amounts to be actually expended
upon the construction and erection of said dwelling house, and not
for fees in connection therewith.
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TENTH: Easements and rights-of-way
shall be reserved for the erection, construction and maintenance of:
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Poles, wires and conduits
for the transmission of electricity for lighting, telephone and other
purposes and of the necessary attachments in connection therewith.
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Public and private sewers,
stormwater drains, land drains, pipes, and any other method of conducting
and performing any public or quasi-public utility or function beneath
the surface of the ground.
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Such easements and rights-of-way
shall be confined to the rear five feet of all lots shown on the said
map.
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And Russell Gardens, Inc.,
shall have the right, without liability for damages for trespass,
to enter upon said land at any and all times for any of the purposes
for which said easements and rights-of-way are to be reserved.
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And Russell Gardens, Inc.,
shall have the right at any time to extinguish such easements and
rights-of-way as to all or any portion of said property.
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ELEVENTH: No title to any
land marked "Garden Zone" on the map hereinbefore referred to, or
to any right, title or interest therein, whether easement or otherwise,
is intended to be conveyed to purchasers of any property except where
expressly stated in deeds, but Russell Gardens, Inc., retains the
right to sell and convey to the abutting landowners, or to any public
authority, all or any part of its right, title and interest in and
to said land, should Russell Gardens, Inc., at any time deem it expedient
to do so. No title to land in any streets, or "private lanes," is
intended to be conveyed to purchasers of any property, except where
expressly stated in deeds, but Russell Gardens, Inc., retains the
right to convey to abutting landowners, or to any public authority,
all its right, title and interest in said streets, or "private lanes,"
should Russell Gardens, Inc., at any time deem it expedient so to
do.
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Should the title to any streets
shown on said map be hereafter acquired by condemnation, or otherwise,
by any public authority, all moneys received by Russell Gardens, Inc.,
by way of compensation therefor, except compensation for structures,
shall be immediately turned over to such public authority in reduction
of the assessment against the owners of land shown on said map for
such acquisition.
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Russell Gardens, Inc., shall
have the right to grade the streets in accordance with such grades
as it may establish.
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Russell Gardens, Inc., shall
have the right to complete the erection of and maintain the bridges
and other structures of a permanent character encroaching on the streets,
whether now erected or in course of construction, and also the right
to erect and maintain bridges and other structures of a permanent
character encroaching on such streets in the locations indicated on
said map, as well as the right to erect and maintain any additional
bridges over streets to connect properties owned by it at the time
of such construction.
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TWELFTH: All the land shown
on said map, whether owned by Russell Gardens, Inc., or otherwise,
except streets, "private lanes," garden zones, parks, private or otherwise,
now or hereafter opened, laid out or established, and land taken or
sold for public improvements or uses, shall be subject to an annual
charge or assessment of five mills per square foot of area, to be
paid by the owners of property subject thereto to Russell Gardens,
Inc., annually in advance on the first day of January in each and
every year, on which date said charge or assessment shall become a
lien upon the land, and so continue until fully paid. Said charge
or assessment shall, with the consent in writing of Russell Gardens,
Inc., be subordinate to the lien of any mortgage or mortgages upon
the property subject thereto.
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Said charge or assessment
shall be applied toward the payment of the cost of the following so-called
"Maintenance Charge" or any of them, to wit:
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Lighting, improving and maintaining
streets, parks, "private lanes" and garden zones.
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Maintaining such parks, garden
zones and "private lanes," including the planting of trees, shrubbery
and flowers, the cutting of grass, the providing and maintaining of
seats and benches, the erection thereon of such other structures and
the doing of such other things as may seem to Russell Gardens, Inc.,
necessary, advisable and proper to keep such parks, garden zones and
"private lanes" neat and in good order and to promote their attractiveness,
convenience and usefulness, and Russell Gardens, Inc., shall have
the right to enter in and upon such parks, garden zones and "private
lanes" for such purposes.
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Caring for vacant and unimproved
lots and plots, removing grass and weeds therefrom, and any other
things necessary or desirable, in the opinion of Russell Gardens,
Inc., to keep the property neat and in good order.
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Expenses incident to the enforcement
of the restrictions, conditions, covenants, charges and agreements
herein contained.
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Also taxes and assessments,
if any, which may be levied by any authority upon the streets, "private
lanes," garden zones and parks now or hereafter opened, laid out or
established, maintained for the general use of owners of property
shown on said map, whether taxed or assessed as part thereof or separately.
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Russell Gardens, Inc., agrees
that the money so collected, together with the charges and assessments
which are liens upon the land retained by Russell Gardens, Inc., and
for which Russell Gardens, Inc., shall be liable, shall be applied
to the purposes mentioned.
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Said annual charge or assessment
may be adjusted from year to year by Russell Gardens, Inc., by lowering
or raising [but in no event above said five mills per square foot
of area] as the needs of the property may in its judgment require.
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And the purchasers of property
shown on said map, by the acceptance of deeds therefor, shall vest
in Russell Gardens, Inc., the right and power to bring all actions
for the collection of such charges and assessments and the enforcement
of such liens.
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THIRTEENTH: No signs of any
kind or character shall be exhibited or displayed upon the property,
or any part thereof, without the written consent of Russell Gardens,
Inc.
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FOURTEENTH: No hedge or shrubbery
shall be grown or maintained on the front or side line of any lot
which shall exceed five feet in height.
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FIFTEENTH: Any of the restrictions,
conditions, covenants, charges and agreements herein contained, except
the restrictions, set forth in paragraph "THIRD," and the maintenance
charges set forth in paragraph "TWELFTH," may be annulled, waived,
changed or modified by Russell Gardens, Inc., as to any property owned
by it, and, with the consent of the then owner thereof, as to any
property sold. The maintenance charges set forth in paragraph "TWELFTH"
may be terminated by Russell Gardens, Inc., after January first, 1950,
with the consent of the then owners of more than 80% in area of the
property shown on said map subject to such charges.
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SIXTEENTH: Violation of any
of the restrictions or conditions or breach of any of the covenants
and agreements herein contained shall give to Russell Gardens, Inc.,
the right to enter upon the property upon, or as to which such violation
or breach exists, and to summarily abate and remove, at the expense
of the owner thereof, any erection, thing or condition that may be
or exist thereon contrary to the intent and meaning of the provisions
hereof; and Russell Gardens, Inc., shall not thereby be deemed guilty
of any manner of trespass for such entry, abatement or removal.
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SEVENTEENTH: Any or all of
the rights and powers of Russell Gardens, Inc., herein contained may
be assigned to any corporations or associations which may hereafter
be organized, and which will assume the duties of Russell Gardens,
Inc., hereunder pertaining to the particular rights and powers assigned,
and upon any such corporation or association evidencing its consent
in writing to accept such assignment, and assume such duties, it shall,
to the extent of such assignment, have the same rights and powers
and be subject to the same obligations and duties as are given to
and assumed by Russell Gardens, Inc., herein.
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EIGHTEENTH: All of the restrictions,
conditions, covenants, charges and agreements contained herein shall
run with the land, and continue until January first, 1950, and may,
as then in force, be extended from that time for a period of 20 years,
and thereafter for successive periods of 20 years, without limitation,
by the assent, evidenced by appropriate agreement entitled to record,
of the owners of two-thirds in area of the property shown on said
map, exclusive of streets, "private lanes," garden zones and parks,
private or otherwise.
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NINETEENTH: The provisions
herein contained shall bind and enure to the benefit of, and be enforceable
by Russell Gardens, Inc., its successors and assigns, or by the owner
or owners of any property shown on said map, their legal representatives,
heirs, successors and assigns, and failure of Russell Gardens, Inc.,
or any property owner, to enforce any such restrictions, conditions,
covenants, and agreements herein contained, shall in no event be deemed
a waiver of the right to do so thereafter.
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IN WITNESS WHEREOF, RUSSELL
GARDENS, INC., has caused its seal to be hereunto affixed, and these
presents to be signed by its President thereunto duly authorized.
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RUSSELL GARDENS, INC.
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By FRANK H. KNIGHTON,
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President.
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(SEAL)
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ATTEST:
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RALPH W. McPHEE.
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Secretary.
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STATE OF NEW YORK
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}
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COUNTY OF NASSAU
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}
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ss.:
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On this 23rd day of June,
1925, before me personally came FRANK H. KNIGHTON, to me known, who,
being by me duly sworn, did depose and say, that he resided at Great
Neck, County of Nassau, State of New York: that he is the president
of Russell Gardens, Inc., the corporation described in and which executed
the above instrument; that he knew the seal of said corporation; that
the seal affixed to said instrument was such corporate seal; that
it was so affixed by order of the board of directors of said corporation,
and that he signed his name thereunto by like order.
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RICHARD KEHOE,
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Notary Public,
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Nassau County, N.Y.
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