Berkley Park Land Co.

(Recorded April 12, 1911)

Protective Provisions Respecting the Use and Enjoyment of Berkley Park and securing the Desirable and Attractive Residential Character thereof.

WHEREAS, the Berkley Park Land Co., a corporation, is the owner of a certain tract of land in the city of Syracuse, N.Y., known and hereinafter called "Berkley Park," and fully described in a deed of conveyance thereof from Clarence S. Congdon and wife, to said Berkley Park Land Co., dated February 15th, 1911, and recorded in Onondaga County clerk's office in Liber 407 of Deeds, at Page 165, through which tract of land the said Berkley Park Land Co., intends from time to time to lay out streets, and from time to time to subdivide the said premises into building lots for residence purposes, to the end that Berkley Park shall become a desirable and attractive residence section of the city of Syracuse, free of all objectionable uses or structures.

Now, therefore, in consideration of the premises, the said Berkley Park Land Co., hereby agrees to and with each sub-division lot owner in Berkley Park that for a period of twenty five (25) years from the date hereof, and forever as to the manufacture and sale of intoxicating liquor as herein-after provided, the said land known as Berkley Park shall be subject to the provisions hereinafter set forth, and that in every contract for the sale of any part of Berkley Park and in every conveyance of any part thereof during said period of twenty five (25) years, excepting conveyances to the City of Syracuse for highway, or sewer purposes, and said provisions hereof shall be embodied by making this agreement a part of such contract, or conveyance, and further that the same covenants on the part of the vendee or grantee shall be inserted in such contract, or conveyance in such form as to run with the land and to bind any subsequent interest or estate therein for said period.

First. - All lots in Berkley Park shall have a street frontage of at least forty eight (48) feet.

Second . - Berkley Park and every part thereof shall be used for residence purposes only, and the usual and natural uses connected therewith, excepting the wood-land at the south-west corner, which may be laid out and used for park purposes, also excepting about two (2) acres at the north-east corner, upon which may be erected and maintained a club house and appurtenances for coal purposes.

Third. - No intoxicating liquor of any kind shall ever be manufactured or sold upon said Berkley Park, or any part thereof.

Fourth. - No manufactory, livery stable, public garage, store business place, apartment house or dwelling for more than one (1) family shall be erected in Berkley Park, and not more than one (1) dwelling and not more than one (1) barn or garage shall be erected upon any one (1) building lot in Berkley Park, as laid out by the Berkley Park Land Co.  No barn or garage shall be erected upon any corner lot, the rear line of which forms a part of or coincides with the side line of any lot in Berkley Park fronting on another street unless consented to by the owner of such other lot.

Fifth. - No dwelling on lots fronting on Poplar Street shall be located within twenty (2) feet of the front line of said lots.  No dwelling on lots fronting on Comstock Avenue shall be located within forty (40) feet of the front street line of said lots.  No dwelling on any lot in Berkley Park shall be located within five (5) feet of the side lines of said lot.  As streets are laid out in Berkley park by the Berkley Park Land Co., and building lots therein sold, the Berkley Park Land Co., will provide that no dwelling shall be located within a certain stated distance from the front street line of the respective lots, which distance shall be uniform for all lots in the same block, fronting in the same direction on the same street.  Every barn or garage shall be built at or near the rear of the respective lots, and in no case located within fifteen (15) feet from any street lines.  Distances as to locations of each dwelling barn or garage in all cases shall be understood to be exclusive of bay windows, verandas, porches or porte-cocheres.

Sixth. - All dwellings to be erected in Berkley Park shall cost not less than the following amounts.-

As each lot is sold, the Berkley Park Land Co., may provide that the dwelling to be erected thereon shall cost a greater sum than herein above stated.  The provision that the wood-land in the south-west corner of Berkley Park may be laid out and used for park purposes and that about two (2) acres in the north east corner may be used for a Club House and appurtenances for social purposes shall not operate to exempt either tract so used from any of the other provisions hereof, nor to prevent the subsequent subdivision and use thereof as building lots for residential purposes.  (L.S.).

In Witness Whereof, the said Berkley park Land Co., has caused its corporate seal to be hereunto affixed and this indenture to be subscribed by its President this 11th day of April, 1911.  Berkley Park Land Co. by Clarence S. Congdon, President.  State of New York, Onondaga County, City of Syracuse, ss.  On this 11th day of April, 1911, before me, personally appeared Clarence S. Congdon, to me personally known, who, being by me first duly sworn, did depose and say, that he resides in the city of Syracuse, Onondaga County, New York, that he is the President of the Berkley Park Land Co., the corporation described in and which executed the forgoing instrument, that he knows the corporate seal of said corporation, that the seal affixed to the foregoing instrument is such corporate seal, that it was so affixed pursuant to an order of the board of Directors of said corporation, and that by like order he signed his name to said instrument as the President of said corporation.

Dionysius Capocefalo, Notary Public, Onon. Co. - - - - Recorded April 12, 1911 at 11.59 A. M.  Clerk.