12/10/1943 · DEED · book 29 page 150 doc 101@29/150

150 We, FRED L. ARNOLD and NELLIE J. ARNOLD, husband and wife, both of the City of Providence, County of Providence, and State of Rhode Island, as Joint Tenants, hereinafter called the Grantors, for consideration paid, grant to MARION RICE GOODALE, of West Boylston, County of Worcester and State of Massachusetts, hereinafter called the Grantee, with WARRANTY COVENANTS, A certain tract or parcel of land with dwelling house and other improvements thereon situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, and bounded and described as follows, to wit: Lot #79 shown on a survey delineated on a certain plan or plat entitled "plan of Quonsetoug Central Beach, Charlestown, Rhode Island, Thorp & Trainer, Inc. Engineers, Agents 80 feet to the inch, October, 1924," Ross & Lewis, Surveyors, a record copy of said survey, plan or plat being dated May 1, 1925, and filed in the Town Clerk's Office of said Town of Charlestown said grantees, their heirs and assigns shall have the right to pass and repass to and from and to return from and to said lot by the use of the existing drives, over, under and across the other rights of way or roads by way of easements on shown said plan or plat leading to the highway and the right of way leading to the highway and the right of way leading from the road to the water front, and any other existing right of way or roads leading to the heretofore described premises for public use; the said grantees, for herself, her heirs and assigns, hereby covenant and agree to pay to the said grantors, their heirs and assigns, and successors, that the said grantees, for herself, her heirs and assigns, shall pay to Quonsetoug Central Beach Fire District, its successors and assigns, on the first day of August in each year subsequent to the year 1936, the sum of Five ($5) Dollars for each house built upon said lot, or lots, and for the maintenance of the fire equipment and other portions that may be designated for public use, and the said sums agreed to be paid are in consideration of the right of way leading to the premises hereby conveyed, and in case of failure to make any payment within one year from the time said sums shall become due, it shall be lawful for the said Quonsetoug Central Beach Fire District, its successors and assigns, to sell the aforesaid premises by the premises at Public Auction, giving first notice of such sale in some newspaper published in said Town of Charlestown at least once each week for three successive weeks, and to become the purchaser or purchasers at said sale. TO HAVE AND TO HOLD, the aforesaid premises, with all the rights, privileges and appurtenances thereunto belonging, unto and to the use of the said grantee, her heirs and assigns forever, subject however to the following conditions and restrictions: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, Howard E. Thorp, his heirs and assigns shall be given ten days notice in writing that said lot or parcel is intended to be sold at a price commensurate with the building and improvements thereon at the highest bone price fide in good faith price in good faith and actually offered to the said grantee, her heirs and assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, and said dwelling house shall be erected on the premises with a building line as shown on said plan, and no portion of any building or dwelling house shall be erected or shall append to the highway or ocean front nearer than said building line, nor shall any building or any structure of whatever nature be erected on said lot or lots, nor shall any building be within five feet therefore; no detached garage or other buildings or outbuildings shall be erected on said lot or lots, unless on a lot or lots of size sufficient that when completed not less than One Thousand (1000) Dollars on lot numbered One Hundred Seventy-seven (177) is paid in taxes, and no septic tank or other drainage outlets shall be put to a suitable cesspool, to be constructed and maintained on the above premises by the grantee, her heirs and assigns, at her own cost and expense. 3. No division wall, gates, hedges, or fences shall be permitted nor shall there be any tree, vine, climbing plant or shading dwelling house, that shall in any way obstruct the view from any part of any adjoining property or any dwelling place in this colony, shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or vicious dogs, or cats or any other noisy or offensive animals shall be permitted to be kept or permitted to be kept on said premises. 5. The Quonsetoug Central Beach Fire District, its successors and assigns, reserves the right to enter upon the above described and conveyed premises to lay any pipe conduits or pipes, or to repair the same, always leaving the premises in as good condition as when entered. 6. It is hereby further conveyed, understood, and agreed between and by the parties hereto that all the aforesaid conditions, covenants, and agreements on the part of the said grantee, her heirs and assigns, and on their part, to be kept and performed shall attach to and run with the land the hereby conveyed; it is further agreed and made a part of this deed that it shall be lawful for the said grantors that in case of violation of the above conditions or covenants on the part of the said grantee, her heirs and assigns, that the title and fee to said premises shall revert to the said grantors, their heirs and assigns, and that said grantors may repossess himself or themselves of the estate hereby granted and all right, title and interest therein, as provided and covenanted and agreed. The said grantors for themselves, their heirs, executors, and administrators, covenant with the said grantee, her heirs and assigns, that the same are lawfully seized in fee simple of the said premises hereby conveyed, that the same are free from all incumbrances, except as aforesaid, that they have good right, full power, and

151 lawful authority to sell and convey the same in manner as aforesaid, that the said grantees, their heirs and assigns, shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, subject as aforesaid, and that said grantors, their heirs and assigns, executors and administrators shall warrant and defend the same to the said grantees, their heirs and assigns, forever against the lawful claims and demands of all persons except the grantor. Meaning and intending to convey the same premises conveyed to these grantors by Edward E. Thorp by deed dated June 19th, 1926 and duly recorded in the Land Evidence Record Book of the Town of Charlestown in Book 22 at page 401. The purchaser assumes and agrees to pay the taxes due the Town of Charlestown in the month of October, 1943. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 6th day of November, in the year of our Lord One Thousand Nine Hundred and Forty-three. (SEAL) FRED L. ARNOLD (SEAL) NELLIE J. ARNOLD (DOCUMENTARY STAMPS, $4.40) STATE OF RHODE ISLAND COUNTY OF PROVIDENCE In Providence, on the 6th day of November, A. D. 1943, before me personally appeared Fred L. Arnold and Nellie J. Arnold, husband and wife, to me known and known by me to be the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. JOSEPH W. SABIN (Notarial Seal) Notary Public My Commission Expires June 30, 1946. Received for record December 10th, A. D. 1943 at 9:00 o'clock, a.m. and recorded by [?] Town Clerk ---- TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME: I, Howard E. Thorp of the Town of Westerly, County of Washington and State of Rhode Island, Commissioner in that Cause in Equity hereinafter referred to and in my capacity as such Commissioner, SEND GREETINGS: Whereas the Honorable Superior Court within and for the said County of Washington, State of Rhode Island, did on to wit on the 20th day of October, A. D. 1943 enter a Decree in a cause in Equity then pending in said Court, wherein Fred N. Kenyon et al are the Complainants and Stephen E. Chase et als are the Respondents, (said cause being Equity Case No. 607), directing that certain lands and tenements, premises and properties mentioned and described in the Bill of Complaint in said Cause, and in said Bill of Complaint more particularly described, be sold at Public Auction and did in and by said Decree authorize me, the said Howard E. Thorp, Commissioner to make sale of the several parcels of real estate described in said Bill of Complaint at Public Auction to the highest bidder, and further directing me to advertise said sale or sales by giving notice of sale published at least once each week for three successive weeks prior to the date of sale in some newspapers having general circulation in the Towns of Richmond and Charlestown in said County of Washington and further authorizing me to give such other additional notice of the time and place of sale as to me should seem advantageous and for the best interest of all the parties to said Bill of Complaint and also in and by said Decree authorized me, the said Commissioner, as such Commissioner to make and execute a good and sufficient deed of said premises to the highest bidder at such public auction.