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LEWISTON

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EXCERPT: Declaration of covenants and restrictions,  26 April 1937, Book of Miscellaneous Records 48, page 104-5, Office of the Niagara County Clerk, Niagara County, NY.
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The Niagara Falls Gazette, November 17, 1939, p. 33.  Accessed via fultonhistory.com
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EXCERPT: Declaration of covenants and restrictions,  28 May 1937, Book of Miscellaneous Records 48, page 168-9, Office of the Niagara County Clerk, Niagara County, NY.

Valley View

 

A plat map for Valley View was submitted on February 1, 1939, indicating that the development was "subdivided for Leo. E. Hapeman," but also "owned by J.W.H. Kelly, Inc.①."  The subdivision was comprised of 68 lots, with 31 lots along the east side of Creek Road, another 31 lots on the west side of Hotchkiss Road, and an additional 6 lots fronting on Ridge Road.

 

On April 26, 1937, a declaration of covenants and restrictions for Valley View was submitted by James T. Car (indicated as Secretary, Treasurer, and Owner of J.W.H. Kelley, Inc.) and Leo E. Hapeman (indicated as Contract Purchaser and Developer) that included the following racial covenant:

  

 

 

Given the historical context, this somewhat cryptic covenant was presumably intended and used to exclude Black homebuyers, and potentially others.

Hill-View

Leo E. Hapeman, Ray B. Powell, and F.A. Filby ​​​were the developers of the Hill-View subdivision.  The March 1937 plat map shows 41 lots located on Hill View Court and the Creek Road Extension.  Classified ads, like that below, appeared in The Niagara Falls Gazette indicating to potential homebuyers that the development was restricted:

 

 

Hapeman and his partners had previously filed a declaration of covenants and restrictions on May 28, 1937, that included a racial covenant similar to that used in the Valley View subdivision:

①  “Map of Valley View,” February 1937 (Map Book 25, page 2417, Part 1, Office of the Niagara County Clerk, Niagara County, NY).

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