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HARTFORD HOUSING AUTHORITY
Statutory Form of Quit Claim Deed

THIS DEED is made and entered into this _____ day of ______________, 199_, by and between the HOUSING AUTHORITY OF THE CITY OF HARTFORD, a public body corporate and politic of the City of Hartford, organized and existing pursuant to Chapter 128 of the General Statutes of the State of Connecticut, with an office at 475 Flatbush Avenue, Hartford, Connecticut 06106 ("Grantor"), and __________________________, with an address of ___________________________________, Connecticut 06___ ("Grantee").

WITNESSETH:

THAT THE GRANTOR, in consideration of the sum of    X   AND NO/100 DOLLARS ($X) lawful money of the United States, the sufficiency and receipt of which is hereby acknowledged by these presents, does grant, WITH QUITCLAIM COVENANTS, to the Grantee, [his/her/their] successors, heirs and assigns, [as joint tenants with rights of survivorship,] all of its right, title and interest whatsoever, both in law, and in equity, in and to that certain piece or parcel of land, together with the buildings and improvements located thereon, situated in the City of Hartford, County of Hartford and State of Connecticut and being shown as Lot No. ____ on a map consisting of two sheets, one of which bears the designations "C-2" and "SUBDIVISION MAP SOUTH" and the other of which bears the designations "C-3" and "SUBDIVISION MAP NORTH" entitled "CHARTER OAK TERRACE ‘D’ SECTION FOR THE HOUSING AUTHORITY OF THE CITY OF HARTFORD SUBDIVISION-ROADWAYS, UTILITIES & INCIDENTAL CONSTRUCTION" Date JAN. 17, 1997 Revisions 3/26/97 4/17/97 10/27/97 11/26/97 SCALE 1 inch = 40 ft." Prepared by Torres Engineering, Inc., 137 Seymour Avenue, West Hartford, CT 06119 (Job No. 12569L), which map is on file in the Hartford Town Clerk’s Office as Map No. ___________, to which reference may be had.

Said premises are conveyed subject to those matters depicted on the above referenced subdivision map. Said premises are further subject to any and all provisions of any ordinances, municipal regulations, public or private law, building and building line restrictions as of record and to taxes on the List of October 1, 1997 which the grantee herein assumes and agrees to pay as part consideration for this deed, including any reassessment or reallocation from the issuance of the certificate of occupancy, all of which taxes are not yet due and payable.

[Grantor hereby expressly grants to Grantee and Grantee’s heirs, executors, administrators, personal representatives and assigns, and reserves to Grantor, and Grantor’s assigns, the right to use the division wall on the side of the premises adjoining lot ___, as depicted on the aforesaid map, as a party wall for the benefit of both Grantor and Grantee and their respective heirs, executors, administrators, personal representatives and assigns. Grantor and Grantee agree the reasonable cost and expense of any necessary repairs required to such party wall shall be borne equally by Grantor and Grantee or their respective heirs, executors, administrators, personal representatives and assigns, that neither of them shall extend, either vertically or horizontally, or demolish such party wall without the prior written consent of the other party, and that each of them shall reasonably cooperate in obtaining any building or other permits required in connection with any necessary repairs. ]

[Said premises are also conveyed together with and subject to the mutual rights of Grantor and the owner of the parcel shown on the aforesaid map as lot ____ to use the division wall on the side of the premises adjoining lot ___ as a party wall, as set forth in a deed from Grantor to ________________ dated _____ and recorded in Volume _____ at Page _____ of the Hartford Land Records.]

By acceptance of this deed, the Grantee, for itself, its heirs, successors and assigns, covenants and agrees with the Grantor and its successors and assigns that the Grantee's use of the premises herein granted shall be in accordance with the following provisions:

a. LOT USE AND BUILDING TYPE

 

 

The property located on the premises herein granted shall be known and described as residential property. No buildings or structures of any kind whatsoever other than the private dwelling house and private garage located on the premises herein granted shall be constructed, erected, placed or altered. Storage sheds are specifically permitted if the plan and location of such storage sheds does not, in the sole opinion of the Grantor, create an unsightly structure.

b. ALTERATIONS

No alterations to the appearance of the premises herein granted, including the exterior of the private dwelling and garage from the original plan and design for the premises herein granted, private dwelling and garage are allowed. Grantee shall not paint the exterior of the private dwelling and/or garage or install siding without prior written permission of the Grantor.

c. TEMPORARY RESIDENCE- Prohibited

 

 

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other building shall be used on the premises herein granted or the surrounding area at any time as a residence either temporarily or permanently.

d. SIGNS

 

 

No sign of any kind shall be displayed to the public view on the premises herein granted except one professional sign of not more than two (2) square feet, one sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by the Grantor to advertise the property during the construction and sales period.

e. WASTE CONTROL

 

 

The premises herein granted and the surrounding area shall not be used or maintained as a dumping ground for rubbish. Grantee shall dispose of any and all waste in a safe and sanitary manner. 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 a reasonable time period.

f. ANIMALS

 

 

No animals, livestock or live poultry of any kind shall be raised, bred or kept on the premises herein granted, except that dogs, cats or other household pets may be kept provided that there shall be no more than a reasonable number of pets on the premises herein granted at anytime and they are not kept, bred or maintained for any commercial purpose.

g. COMMERCIAL VEHICLES

 

 

Grantee shall not permanently park or allow permanent parking for any commercial vehicle on or near the premises herein granted.

h. RECREATIONAL VEHICLE STORAGE

 

 

A boat and/or boat trailer, camping trailer, pick-up camper or similar recreational vehicle may be parked only in the side or rear yard, only by Grantee or other resident of the premises herein granted, and in regard to camping trailers, pick-up campers or similar recreational vehicles, the same shall only be temporarily parked for a period not to exceed forty-eight (48) hours in any one month.

i. FENCES

 

 

No fence of any kind may be built on the premises herein granted or the surrounding area from the street line to the building without prior written approval from the Grantor.

j. NUISANCE ACTIVITY

 

 

Grantee shall use the premises herein granted in a manner so as not to cause real harm nor create any nuisance, public or private. No noxious or offensive activity shall be carried on upon the premises herein granted or surround area, nor shall any conduct or anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

k. GARDENS AND LAWNS

 

 

Vegetable gardens in the front yard portion of the premises herein granted are prohibited. Other gardens are permitted only if the garden and the location of such garden does not, in the sole opinion of the Grantor, create an unsightly appearance or create an unreasonable odor or dust. Lawns shall be properly maintained and grass shall not be allowed to exceed six (6) inches in height.

l. ANTENNAS

 

 

Antennas are specifically permitted only if the antennas and the location of such antennas do not, in the sole opinion of the Grantor, create an unsightly structure.

m. UNREGISTERED VEHICLES

 

 

No unregistered vehicle shall be allowed on the premises herein granted, except a single unregistered vehicle may be allowed for a period of thirty (30) days pending registration for purposes of repair. At the end of said period, Grantor has the right without notice to cause said vehicle to be removed and stored at Grantee’s expense.

The restrictions stated in paragraphs ___ , ___ and ___ [restrictions on additional structures, paint color, fences] shall expire on ________, 20__, or on such earlier date on which the Grantor no longer owns any of the land shown on the aforementioned map.

 

The covenants stated above may be enforced by:

1. The Grantor or any agency of the State of Connecticut or the City of Hartford succeeding to Grantor’s functions, so long as the Grantor or such successor agency shall own any of the parcels of land shown on the aforesaid map, or any parcel of land abutting, across the public streets shown thereon, any of the parcels of land shown on the aforesaid map ("Successor Agency"); or

2. Grantor’s successors and assigns under a deed or other instrument of conveyance from Grantor containing substantially the same covenants as stated herein who shall own any of the parcels of land shown on the aforesaid map at the time enforcement of such covenants is sought, including, but not limited to two or more of such persons who have associated themselves for such purposes, regardless of whether incorporated or unincorporated and including, but not limited to, a Homeowner’s Association, as defined below.

Grantor reserves unto itself (or its Successor Agency), except as hereinafter stated, the exclusive right and power to grant waivers, modifications or releases of the aforesaid covenants (and of any substantially similar covenants) to Grantee or to any of Grantor’s successors and assigns under a deed or other instrument of conveyance from Grantor containing substantially the same covenants as stated herein who shall own any of the parcels of land shown on the aforesaid map, provided, however, no exercise of such right and power shall further restrict Grantee or Grantee’s successors and assigns from their use and enjoyment of the premises granted herein.

On or after April 1, 2003, the Grantor may delegate to a Homeowners’ Association (as defined below) the right and power to waive, modify and release the foregoing covenants, and the Grantee and Grantee’s successors and assigns shall be bound by any such waiver, modification or release, provided, however, no exercise of such right and power shall further restrict Grantee or Grantee’s successors and assigns from their use and enjoyment of the premises granted herein. As used herein, "Homeowners Association" shall mean and refer to an organization, the members of which are limited to and open to persons owning one or more of the parcels of land shown on the map mentioned above, in which the owners of at least 60% of such parcels have become members with the right to select a governing board and which the Grantor has determined, in its sole discretion, is governed by a certificate of incorporation, bylaws and/or other governing instruments are in compliance with all applicable laws and provide fair representation to all to persons owning one or more of the parcels of land shown on the map mentioned above.

RIGHT OF FIRST REFUSAL: Grantor reserves unto itself and any Successor Agency a right of first refusal in the premises herein conveyed for a period which shall lapse twenty-one years after the delivery of this deed, which right shall be exercised as provided under the heading "Procedure for Transfer" below.

OPTION TO PURCHASE AT FAIR MARKET VALUE: By acceptance of this deed, Grantee covenants and agrees with Grantor that it will not sell, convey, alienate or transfer the premises herein conveyed for a period of ninety (90) years after the delivery of this deed, except upon providing the Grantor the opportunity to purchase the premises at their then fair market value as provided under the heading "Procedure for Transfer" below.

PROCEDURE FOR TRANSFER: Grantee shall not make such sale, transfer or other disposition of the premises herein granted directly to any person or entity without following the procedure set forth below. If Grantee follows the procedure set forth below, and the Grantor does not exercise its rights of first refusal or its option to purchase the premises herein granted or to direct the resale of the premises herein granted to a purchaser located by it, at the fair market value of the premises herein granted in either case, the Grantee will be free to sell the premises herein granted subject to all of the terms and conditions of this deed, to anyone on the open market.

NOTICE TO GRANTOR: In the event Grantee contemplates sale, transfer or disposition of the premises herein granted to a third party, then it shall first provide the Grantor the opportunity to purchase the premises herein granted or to direct the resale of the premises herein granted to a purchaser located by it, at the fair market value of the premises herein granted in either case, using the following procedures:

a. Prior to offering the premises herein granted for sale, Grantee shall give Grantor notice that the premises herein granted will be offered for sale, which notice shall contain a detailed listing of the terms and conditions of such intended sale. Within forty-five (45) days of Grantor's receipt of such notice, Grantor shall either:

i. exercise its option to purchase or right of first refusal on the terms and within the time period set forth below; or

ii. locate an interested purchaser and obtain from such purchaser a binding commitment to purchase from Grantee; or

iii. notify Grantee that such party is free to sell the premises herein granted in the open market (a) to any party, (b) at the then fair market value, subject to all of the terms and conditions of this deed; the failure of Grantor to give Grantor notice within such forty-five day period shall be deemed a waiver of the Grantor’s option to purchase under this Section;

If Grantor exercised its right of first refusal, closing of such transaction shall occur on the terms stated by the Grantee in its notice to Grantor within sixty (60) days after the date of Grantor’s notice to exercise such right. If Grantor exercises its option to purchase the premises at their then fair market value, Grantor’s notice of exercise shall include an opinion of value of a licensed real estate appraiser, and the closing of such transaction shall occur within sixty (60) days after the date of Grantor’s notice of its exercise of such option and on the following terms and conditions:

A. The purchase price shall be the fair market value of the premises as stated in the opinion of the licensed real estate appraiser included in grantor’s notice of exercise;

B. The purchase price shall be paid by certified or bank check or by wire transfer, except that the grantor shall assume the unpaid principal balance of any mortgage held by it to secure the unpaid balance of the purchase price of the premises and shall receive a credit for the amount of such balance;

C. Title to the premises shall be conveyed by warranty deed, shall be marketable and shall not be encumbered by any mortgages, liens or other matters except for such mortgage as may be held by the Grantor, such covenants, conditions and exceptions to title as are reserved or otherwise contained herein, any matters arising prior to the delivery of this deed, as the result of any exercise of the power of eminent domain or with the consent of the Grantor, and any taxes or municipal assessments which are not yet due and payable and which shall be prorated in accordance with the custom of the local bar. Grantee shall discharge at or prior to closing any lien or encumbrance not excepted by the preceding sentence;

D. Possession of the premises will be delivered to the grantor at the closing. The premises will be in broom clean condition and all personal property of the Grantee or any other persons having property at the premises by permission of the Grantee shall have been removed. All fixtures and appliances which were included in the sale of the premises by the Grantor to the Grantee (or replacements thereof) and any other fixtures which cannot be removed without damaging the premises or the structure thereon situated will be included in the conveyance; and

E. All risk of loss shall remain with the Grantee until the closing.

TRANSFER TO GRANTEE’S HEIRS: Upon receipt of notice from the executor of the decedent Grantee’s estate within ninety (90) days of the death of Grantee, Grantor shall, unless for good cause shown, agree to the transfer of the premises herein granted to one or more of the following:

a. the spouse of Grantee; or

b. the child or children or other heirs of Grantee.

In consenting to the transfer, Grantor shall act according to the expressed wishes, if any, of Grantee to the extent consistent with this section.

PERIOD FOR EXERCISE: Grantor must notify Grantee of its election to purchase within forty-five (45) days and must exercise the foregoing option within sixty (60) days after its receipt of written notice from Grantee, or its option will expire.

 

OPTION OF GRANTOR TO PURCHASE AT LESS THAN FAIR MARKET VALUE: If the provisions set forth in the mortgage note from Grantee to Grantor, if any, for the payment, as interest of part of the appreciation in value of the premises in the event a resale of the premises herein granted shall occur within three years of the delivery of this Lease shall, for any reason, become unenforceable, Grantor shall, nevertheless, have a right and option to purchase the premises herein granted at a purchase price equal to the sales price paid to Grantor plus one-half the positive difference between the appraised fair market value and the sales price paid to Grantor whenever Grantee receives a bona fide offer during such three years.

  TO HAVE AND TO HOLD the foregoing property, together with all the privileges and appurtenances thereto, unto Grantee, its successors and assigns forever, as the property of the Grantee.

IN WITNESS WHEREOF, the Grantor has caused this deed to be executed in its name the day and year first above written.

GRANTOR:

HOUSING AUTHORITY of

the city of HARTFORD

________________________________ By:______________________________________

Name:

________________________________ Title:

Duly Authorized

 

STATE OF CONNECTICUT )

) at

COUNTY OF HARTFORD )

On this the _____ day of ____________, 199_, before me, the undersigned officer, personally appeared ____________________, who acknowledged himself/herself to be the __________________________ of the Housing Authority of the City of Hartford, a public body corporate and politic of the City of Hartford, and that he/she, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained as his/her free act and deed and the free act and deed of the public body corporate and politic, by signing the name of the public body corporate and politic by himself/herself as said officer.

In Witness Whereof I hereunto set my hand.

_______________________________

Commissioner of the Superior Court

© 2018-2022 The Housing Authority of the City of Hartford

180 John D. Wardlaw Way Hartford, CT 06106  Telephone 860-723-8400
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