Book: 333 Page: 39-44

DECLARATION OF RESTRICTIONS AND COVENANTS

SOLO DEVELOPMENT, INC. a Connecticut corporation with a principal place of business in the Town of Canton, County of Hartford and State of Connecticut, (hereinafter referred as Grantor) is the owner of certain lots in a subdivision located on the easterly side of Gracey Road in the Town of Canton, County of Hartford and State of Connecticut, as shown on a map entitled: "'OPEN SPACE SUBDIVISION PLAN FOR SOLO DEVELOPMENT, INC. Gracey Road Canton Connecticut Scale 1" = 100 I May 2003 Prepared by Neriani Surveying - 35 Old Farms Road - Avon, Connecticut (8607732) Revisions; 1. Jan. 3D, 2004 - To comply with Towns Eng. Dep. comments 2. Feb. 18, 2004 - To comply with Town Eng. Dep. comments 3. Feb. 27, 2004 - To comply with Town Eng. Dep. comments 4. June 15! 2004 - Road name 5. Sept 17, 2004 hDrainage width over lot 8" on file in the Canton Town Clerk's Office to which reference may be had.

WHEREAS, Grantor is about to sell lots therefrom and desires to subject said lots to certain restrictions or covenants between itself, its successors and assigns, and the Grantees, their heirs and assigns, of said lots as hereinafter set forth for the benefit of said Grantees, their heirs and assigns, and all of said lotS.

WHEREAS, it is the desire and intention of Grantor to impose on said property mutual beneficial restrictions under a general scheme of improvement for the benefit of each and all of the separate lots.

NOW, THEREFORE, the said Grantor hereby declares that all property described above is held and shall be held, conveyed, or encumbered, leased, rented, used, occupied, and improved, subject to the following limitations, conditions, covenants, and restrictions all of which are declared and agreed to be in furtherance of a plan for the subdivision, improvement and sale of the land and are established and agreed upon for the purpose of enhancing and protecting the value, desirability, and attractiveness of the land and every part thereof. All limitations, restrictions, conditions, covenants shall run with other land and shall be binding on all parties having or acquiring any right, title or interest in the above described land or any part thereof, and shall be for the benefit of each owner of any portion of said real property or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of the owners thereof.

Said limitations, restrictions, covenants and conditions are as follows:

I. All of the lots shall be known and described as residential lots. No building or structure of any kind whatsoever other than one single-family private dwelling house not to exceed two (2) stories in height (not including the roof)! having a minimum living space of three thousand (3,000) square feet and a private garage for not less than three (3) cars shall be constructed, erected, placed or altered on any residential lot. Each dwelling house shall be of colonial design. Each dwelling house shall be constructed with at least one post lantern which shall be installed within thirty-five (35) feet of the street line adjacent to the main driveway of the property. Said post lantern will be maintained in good and operating condition at all times.

II. All dwelling houses erected on each lot shall be constructed with masonry, stone, brick, and/or wood or cement board sidingr as well as architectural grade roofing shingles and copper flashing on all exposed areas. All chimneys shall be constructed of brick or stone. No vinyl or aluminum siding shall be allowed.

No tree cutting or other site work on the property shall be commenced or performed until after submission for the review and approval or disapproval of Grantor:

(a) a site plan showing the location of all proposed and/or existing buildingsr improvements, access drives and utilities;

(b) a building plan showing all elevations and floor plans of all buildings to be constructed and exterior color schemes including but not limited to the color of the siding, trim, shutters and roofi and

(c) a landscaping plan showing the locationr size and species of all shrubs, treesr walls, mulched and seeded areas, and the location of at least one post lantern which shall be installed within thirty-five (35) feet of the street line adjacent to the main driveway of the property. Said landscaping and post lantern will be maintained in good and operating condition at all times.

Grantor shall not unreasonably withhold approval of any plans submitted pursuant to these restrictions and agrees to complete the review of said plans and furnish a written approval or disapproval, in recordable form, within (3) weeks of receipt of the same. Said approval shall be deemed given if not expressly disapproved by Grantor in a written notice to Grantee within three (3) weeks of Grantor's receipt (or rejection of receipt) of Grantee's written request. Grantee may record an affidavit of facts upon the Land Records in those cases where approval was automatic due to Grantor's failure to disapprove within the required time period and such affidavit of facts shall be deemed conclusive and irrefutable evidence of Grantor's approval if such affidavit of facts:

(a) is in writing;

(b) is signed by Grantee or Grantee's duly authorized representative, witnessed and acknowledged in the manner prescribed for deeds of conveyances;

(c) contains a legal description of the property affected by the affidavit; and

(d) describes the dates on which the request was made and indicates that no disapproval was received within the time prescribed.

III. All structures and landscaping shall be completed within one (1) year of receipt of a building permit and if not, Solo Development, Inc. may cause the same to be completed and payment for such shall be made by the owner of a subject lot.

IV. No commercial or business activities shall be permitted upon any lot. No industry, business, trade, commercial,religious,educational or otherwise (including home occupations or professions without employees requiring regular visits from the public) designated for profit, altruism, or otherwise shall be constructed, maintained or permitted on any lot.

V. No above ground pool shall be permitted upon any lot.

VI. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot any time as a residence either temporarily or permanently.

VII. No accessory structure or accessory building shall be constructed in any front or side yard. Accessory structures shall include, but not be limited to, tool sheds, playhouses, gazebos, swimming pools, tennis courts, free standing garages, newspaper delivery containers, and permanent lawn furnishings and shall be constructed with wood, brick or masonry siding.

VIII. No satellite dishes, television antennae, radio antennae or other communication device antennae shall be erected on the exterior of any building or structure on any lot.

IX. No chain link fence or other type of metal fence shall be allowed and no fence of any kind may be built on any lot in any front yard.

X. No trucks, boats, campers or other commercial or recreational vehicles shall be parked on any lot or on adjacent streets, other than on a temporary basis (a maximum of 14 days in any 12 month period) i except that campers or vans if used for personal and not commercial purposes may be stored inside garages.

XI. No clothes lines, dog runs, dog houses or other animal shelters shall be allowed on the property unless they are not visible from the street or neighboring property.

XII. No sign or advertising of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the builder to advertise the property during the construction and sales period.

XIII. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. Empty trash cans placed at the curb and for pick-up may not remain at the curb in excess of twelve (12) hours.

XIV. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

XV. The grounds of said premises including the lawns and shrubbery shall be, at all times, maintained in a good presentable and attractive condition and there shall be no accumulation of machinery, tires, lumber, logs, firewood, unregistered motor vehicle(s) or junk of any nature.

XVI. No large farm animal (s) shall be kept on any lot, however, nothing herein shall prohibit the keeping of dogs, cats, or similar household pets so long as they are not permitted to run loose.

XVII. The owners of any lots which share a mutual driveway or roadway as a means of ingress and egress to their respective lots shall install and maintain at the intersection of their respective exclusive driveways and the mutual driveway, a sign or signs which designates the number of each respective owners house and indicates by arrow or such other directional device that indicates the route to each lot.

XVIII. During the period of construction of subdivision improvements including the installation of public utilities and prior to such time as such improvements are accepted by the Town of Canton, upon request of the Grantor, the owners of each lot agree to execute all necessary drainage and sloping rights or other easements in favor of the Town of Canton as may be necessary for the completion of the subdivision as approved. The owners also agree that upon request of the Grantor all necessary easements and rights-of-way in favor of any public utility company shall be appropriately conveyed to allow for services of such utility to the subdivision.

XIX. The above restrictions shall be incorporated in all deeds conveying lots described above. However, until such time as all subdivision improvements have been accepted by the Town of Canton, the Grantor reserves the right to waive and/or modify any and all of the restrictions contained herein, if I in its sale discretion, the Grantor deems said waiver or modification is necessary or desirable for further development of the subdivision.

XX. These covenants are to run with the land and shall be binding upon the Grantor, its successors and assigns, and all persons claiming under it until December 31, 2030 at which time the covenants and restrictions shall become null and void and have no further effect unless by vote of a majority of the then owners of the lots in said development it is agreed to extend the same for successive periods of ten years. After such time as all subdivision improvements have been accepted by the Town of Canton any of the above conditions, restrictive covenants and limitations may be changed, altered, amended or annulled with the written consent of two-thirds of the owners of lots in the subdivision.

XXI. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, and each person as fee owner of said lots is specifically given the right to enforce these covenants by injunction or other lawful procedure, and to recover any damages resulting from any violation.


XXII. Invalidation of anyone of these covenants or restrictions by judgment or Court order shall in no way affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, this Declaration of Restrictions and Covenants has been duly executed this 19th day of October, 2005.

Signed, sealed and delivered in the presence of:

STATE OF CONNECTICUT)

ss. East Hartford

October 19, 2005

COUNTY OF HARTFORD

personally appeared, Peter Samiotis, President of Solo Development, Inc., Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and deed as such President of said corporation, before me.