10/16/1945 · DEED · book 29 page 560 doc 1127@29/560

560 We, ROGERS E. TRAINER, and FLORENCE T. TRAINER, husband and wife, both of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the grantors, for consideration paid grant to BYRON M. HISCOX and ALICE S. HISCOX, husband and wife, both of the Town of Westerly County of Washington and State of Rhode Island, as joint Tenants and not tenants in common, meaning to the survivor, hereinafter called the grantees, with WARRANTY COVENANTS. A certain tract or parcel of land with buildings and improvements thereon standing, including the furniture therein, situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, hereinafter called and bounded as described as follows, to wit: Lot #12 as shown and delineated on a certain plan or plat entitled, "Plan of Quonochontaug Beach Association, Charlestown, Rhode Island, Thorp & Trainer, Inc., Agents, 80 feet to the inch, October, 1924," Book 25, page 453, a plan being on file in the Town Clerk's Office dated September 10, 1929," said plan or plat being on file in the Town Clerk's Office, and the grantors, their heirs and assigns shall have the right to pass and repass to and from and to avoid and return from the said premises over and on any and all public train of rights of way or roads as shown or said plan or plat leading to the pub- lic highway and as further described in the deed designated for public use, and the grantees right of way leading from the road to the fresh water pond, and any other public road or right of way as shown on said plan or plat designated for public use, and the said grantees, for themselves and their heirs and assigns, hereby covenant and agree to and with the grantors, their heirs and assigns, shall pay to Quonochontaug Central Beach Fire District, or its successors and assigns, on or before the Twenty-fifth day of August in each year hereafter the sum of Five ($ 5) Dollars for each lot hereby conveyed, and the said sum shall be paid to the said Quonochaug Central Beach Fire District, its successors and assigns, in its capacity and in their un- derstanding as the owner of the roads and the other por- tions that may be designated for public use, and the said sums shall be a lien and a charge upon the premises hereby conveyed, and said sum unpaid shall be a lien and a charge upon the premises hereby conveyed, and in case of failure to pay said sum when due, the said Quonochontaug Central Beach Fire District, its successors and assigns, may foreclose and convey the premises at a pub- lic Auction First, using first notice of such sale in some newspaper published in said County of Washington and State of Rhode Island for three consecutive weeks, and to bind the purchaser or purchasers to all restrictions and restrictions that, this conveyance is and shall be subject to the following covenants, conditions and restrictions, namely: 1. In case of a contemplated sale of some paid lot or parcel of land or any part of thereof, Howard S. Thorp, his heirs and assigns, shall be given ten days notice in writing and shall have the first option to purchase the said lot or parcel of land, with buildings and improvements thereon at the highest bona fide price in good faith made actually offered to the said Howard S. Thorp, his heirs or assigns. 2. The above conveyed premises shall be used only as a site for some dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the preme- ises in accordance with the restrictions shown on said plat, and no part of any building or buildings or dwelling house, (porch included) shall approach the street or road or stream or ocean front nearer than said building line, nor shall the building be situated in any way so as to extend the building line, nor shall any lot nearer than five feet therefore; no detached garage or other outbuilding or building of any kind and character whatsoever shall be erected, nor shall any building shall cost when completed not less than One Thousand ($ 1000) Dollars, all toilets, baths kitchen, or other sanitary conveniences shall be enclosed and be joined to a chimney accessible to constructed and maintained on the above premises by the Grantees, and shall be in good condition. 3. No division or line walls, hedges or fences shall be permitted, nor trees of any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of the street or road to the ocean, in any dwelling house in this colony. Shrubs, flowers, and vegetables shall be permitted. 4. No poultry, swine, ctttle canines or noisy birds or dogs or cats and any other noise or objectionable animals or birds shall be kept or permitted to be kept on said premises. 5. The said Quonochontaug Central Beach Fire District, its successors and assigns reserve the right to enter upon the above described and conveyed premises to lay any pipes or digging or strip any land as may be necessary to maintain the said in as good condition as when entered on. 6. It is hereby further covenanted, understood and agreed by and between the parties hereby that all the above mentioned conditions, covenants, and agreements on the part of the said Grantees, their heirs and assigns on their part to be kept and performed shall inure as a part of the covenants of this deed and shall be deemed and shall be made a part of the consideration of this sale and purchase that in case of any violation of the above conditions, covenants and agreements on the part of the Grantees, their heirs and assigns, that the title and fee to said premises shall revert to said Howard S. Thorp, his heirs and assigns, that they may re-enter and re-possess for themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate. Meaning and intending to convey the same premises as conveyed to Florence T. Trainer by Howard S. Thorp by deed dated December 31st, 1925 and re- corded in the Land Evidence Records of the Town of Charlestown in Book 22 at Page 300. The same premises were conveyed to Florence T. Trainer and to Rogers E. S. Trainer and Florence T. Trainer by deed dated September 16th, 1939 and duly recorded in the Land Evidence Records of the Town of Charlestown in Book 28 at page 79.

561 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 9th day of October in the year of Our Lord One Thousand Nine Hundred and Forty-five. ROGERS E. TRAINER FLORENCE T. TRAINER (DOCUMENTARY STAMPS, $6.05) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 9th day of October, 1945, before me personally appeared Rogers E. Trainer and Florence T. Trainer, husband and wife, Trainer, 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. NELSON H. THORP (Notarial Seal) Notary Public. Received for record October 16th, A. D. 1945 at 9:10 o'clock, a. m., and recorded by [?] Town Clerk ---- I, ASA CHURCH, of the Town of Charlestown, County of Washington, State of Rhode Island, for consideration paid, grant to JOHN J. HOLZ and FRANCES M. HOLZ, Husband and wife, as Joint Tenants and not as Tenants in Common, meaning to the survivor, both of the Town of Charlestown, County of Washington, State of Rhode Island, with WARRANTY CONVEYANTS That certain real estate situated in the Town of Charlestown, County of Washington, State of Rhode Island, more particularly described as follows: Beginning at a point on the northerly side of the Post Road, so-called, at the southeasterly corner of premises of Carl J. Berggren, et ux, and the southwestern corner of the premises hereby conveyed, thence running northerly forty (40) feet, more or less, to a stone wall; thence running easterly along said stone wall a distance of Fifty (50) feet, more or less, to a stone wall; thence running southerly along said stone wall a distance of Seventy-five (75) feet, more or less, to a stone wall; thence running easterly along said stone wall a distance of Seventy-five (75) feet, more or less, to a stone wall; thence running southerly along said stone wall a distance of Two Hundred Fifty (250) feet, more or less, to said Post Road; thence turning and running westerly, bounding southerly by the Post Road, a distance of Two Hundred Fifty (250) feet, more or less, to the place of beginning Said tract is bounded westerly by land of Carl J. Berggren, et ux; northerly by other premises of the Grantor; easterly by premises of Asa C. Church, et ux and southerly by the Post Road. I hereby covenant that I am a widower and unmarried. WITNESS my hand this 29th day of May 1945. ASA CHURCH (DOCUMENTARY STAMPS, $5.00) STATE OF RHODE ISLAND County of Washington ) In Charlestown on the 29th day of May 1945 before me personally appeared Asa Church to me known and known by me to be the party executing the foregoing instrument, and he acknowledged said instrument, by him executed to be his free act and deed. LINTON L. BROWN Notary Public Received for record October 16th, A. D. 1945 at 9:15 o'clock, a.m., and recorded by [?] Town Clerk