10/29/1945 · DEED · book 29 page 581 doc 1148@29/581

581 KNOW ALL MEN by THESE PRESENTS, that HOWARD E. THORP, of the Town of Westerly, County of Washington and State of Rhode Island, hereinafter called the Grantor, in consideration of Ten Dollars and other valuable considerations, paid by RICHARD D. BROOKS & BERNICE S. BROOKS, husband and wife, both of the City of Springfield, County of Hampden and State of Massachusetts as Joint Tenants and not Tenants in Common, moving to the severance, hereinafter called the Grantees, the receipt whereof is hereby acknowledged, does hereby give, grant, bargain, sell and convey unto the said Grantees, as Joint Tenants, their heirs and assigns forever, a certain tract of parcel and bounded delineated as sitting in the Town of Charlestown, in said County of Washington and bounded and described as follows, to wit: Lot numbered 154 and the westerly one-half of lot #155 as shown and delineated on a certain plan or plat entitled, "Plan of Quonocutong Central Beach, Charlestown, Rhode Island, Thorp & Trainer, in architects, agents, sixty feet to the inch, approximately", dated September 28th, 1936, Engr. Rivetts, submitted October 10th, 1939, said plan or plat being on file in the Town Clerk's Office in said Town of Charlestown, and for the sum of Five Hundred Dollars paid in advance by Avenues and in consideration of the purchase price it is mutually understood and agreed and that for the benefit of the public there shall be a half of twenty feet in said plan and agree to be for the public use and right of way for the purpose of access otherwise, over, on and across those certain rights of way or roads as shown on said plan to the beach and the Atlantic Ocean and also the right of way for the purpose of leading to the beach and also the right of way leading from the road to the front beach water line as shown on said plan and that the area shown on said plan be designated for Public Use; the said Grantees for themselves, their heirs and assigns hereby covenant and agree and that said Grantor and said Grantees, their heirs and assigns, that the said Grantees, their heirs and assigns, will and shall pay to the Quonocutong Central Beach Fire District, a non profit corporation, on or before the first day of the August of each year in year hereafter, the sum of Seven Dollars and fifty cents (87.50) for the premises hereby conveyed, to be expended and applied for the maintenance of the Fire District and its successors and assigns, in its and their uncontrolled discretion to the care and maintenance of the fire equipment and for the purpose of providing Public Use, and the said sums agreed to be paid hereby made a lien and charge upon the premises hereby conveyed and the heirs and assigns of the Grantees, and if not in the one year after the same shall become due, it shall be lawful for the said Quonocutong Central Beach Fire District or its successors and assigns, to cause to convey the premises at Public Auction, first giving notice of such sale in some newspaper published in the Town of Charlestown at least some days prior to the sale three successive weeks and to become the purchaser or purchasers at said sale. TO HAVE AND TO HOLD the aforegranted premises, with all the right, privileges and appurtenances thereto belonging, unto and to the use of the said Grantees, their heirs and assigns forever, subject however, to the following conditions and restrictions, namely: 1. In case of a contemplated sale of said lot or parcel of land or any part thereof, said Grantor his heirs or assigns shall be given ten days notice in writing and shall have the right to purchase the same with the buildings and improvements thereon at the highest bona fide price in good faith made and actually offered to the said Grantor, his heirs or assigns. 2. The above conveyed premises shall be used only as a site for one dwelling house on the lots hereby conveyed, such dwelling house shall be erected on the premises in accordance with the restrictions on side yards and shall not be the pro- portion of any building or dwelling house (porch included) shall approach the street line first there after described in said plan and no building or structure of any nature or kind whatever other approach the side lines of the lots or neither near first there after described in said plan and no building or structure of any nature or shall be erected dwelling house erected on said lots or lots shall cost when completed not less than Two Thousand Dollars and no garage, laundry, baths, kitchen or other drains or sewage outlets shall be permitted to a suitable septal, be constructed on the premises and shall be removed by the grantees, their heirs and assigns, at their own and at their own cost and expense. 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 premises to the beach or any sewaging place in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noisy or volatile mules, dogs or cats or any other noisy or objectionable animals shall be kept or permitted to be kept on the said premises. 5. The Quonocutong Central Beach Fire District, its successors and assigns, re- serve the right to enter upon the above described and conveyed premises to lay any pipe outlets pipes or pipes, or to repair the same, always in the premises; as a good consideration and inducement. 6. It is hereby further convenanted, understood and agreed by and between the parties hereto that all the aforesaid conditions, covenants and agreements on the part of the said Grantees shall be and remain in full force and effect and shall be performed, shall attach to and run with the land hereby conveyed, it is further agreed and made a part of the consideration of this sale and purchase that in case of any violation of the aforesaid conditions, covenants and agreements on the part of said Grantees or their heirs that the title and fee to said premises shall revert to the said Grantor his heirs or assigns as the party representing the themselves of the estate hereby granted and all right, title and interest hereby conveyed shall be forfeited and cease and terminate.

582 The said Grantor for himself, his heirs, executors, and administrators, covenants with the said Grantees, their heirs and assigns, that he is lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, except as aforesaid; that he has full power and authority to sell, convey to sell and convey the same in manner as aforesaid, that the said Grantees and their heirs and assigns shall and may have and enjoy the same hereby forever, and that they shall and quietly and have enjoy and enjoy the said premises, subject as aforesaid, and that the said Grantor will and his heirs, executors, and administrators shall and will warrant and defend the same to the said Grantees, their heirs and assigns, forever against the lawful claims and demands of all persons except as aforesaid. And for the consideration aforesaid, I, Mary E. Thorp, do hereby release all my right of dower and all other interest in and to the said granted premises unto the said Grantees and their heirs and assigns forever. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of September, in the year of Our Lord, One Thousand Nine Hundred and forty-five. HOWARD E. THORP MARY E. THORP (DOCUMENTARY STAMPS, $1.10) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 29th day of Sept., 1945, before me personally appeared Howard E. Thorp and Mary E. Thorp, to me known and known by me to be the parties executing the foregoing instrument, and acknowledged said instrument by them executed to be their free act and deed. ROGERS E. TRAINER (Notarial Seal) Notary Public Received for record October 29th A. D. 1945 at 2:00 o'clock, P. M., and recorded by [signature] Town Clerk ---- CHARLESTOWN ESTATES, INC., a corporation duly incorporated under the laws of the State of Rhode Island and having a place of business in the Town of Westerly, County of Washington, and State of Rhode Island, for consideration paid, grant to MARY A. WILBUR, FREDERICK E. WILBUR, husband and wife, and ANNA A. WILBUR PARKER, all of the Town of Stonington, County of New London and State of Connecticut as Joint Tenants and not tenants in common seeing the to the survivor with WARRANTY CONVEYANCE. A certain tract or parcel of real estate located on the northerly side of Ocean View Avenue, so called, at Quonoccutong Beach, in the Town of Charlestown, County of Washington State of Rhode Island and bounded and described as follows, to wit: Beginning at a stub driven in the ground on the northerly side of Ocean View Avenue, said point being the southwesterly corner of the premises hereby conveyed and running thence northerly 100 feet to the center of land of Lyman Jones and wife; thence extending northerly 125 feet, more or less, to the northerly westerly corner of the premises hereby conveyed, bounded easterly 100 feet to the center of land of [?] and wife; thence running southerly 60 feet to the northeasterly corner of said Jones land; thence running easterly 60 feet to the northeasterly corner of the premises hereby conveyed, bounded northerly by land of William M. Britten; thence running southerly 125 feet and running southerly 100 feet, more or less, to the northerly side of Ocean View Avenue, bounded easterly by land of [?] and wife; thence turning and running southwesterly 60 feet, more or less, by and with the northerly line of Ocean View Avenue, to the point of beginning. Meaning and intending to convey lot #287 as shown and delineated on a certain plan or plat entitled, "Plat of Quonoccutong Highlands, Quonoccutong Beach, Rhode Island, dated Dec. 1, 1926," Said plat being duly filed in the Land Evidence Books of said Town of Charlestown. The above conveyed premises