The instrument's own words
page 1 · read by Gemma vision
589
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 HERMAN E. LEARNED and ELISABETH H. LEARNED, husband and wife, both of Sarasota, County of Sarasota and State of Florida, 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 situated and being in the Town of Charlestown, County of Washington and State of Rhode Island, bounded and described as follows:
Lot #113 as shown and delineated on a certain plan or plat entitled, "plan of Quonochontaug Central Beach, Charlestown, Rhode Island, Thorp & Trainers, Inc., agents for Florence T. Trainer, dated October, 1936" filed with the Town Clerk's office at Charlestown, said plan or plat being on file in the Town Clerk's office at Charlestown. said lot shall be held by the grantees, their heirs and assigns their heirs shall have the right to pass and repass to and from the public highway leading to said beach and over the same, over and above the those rights certain the rights of way or rights of way as shown on said plan or plat leading to the public highway leading to said beach and over the same, over and above the public and also the right of way leading from the road to the fresh water pond, and any other public way or ways leading to said beach for purposes of public use; the said grantees, their heirs and assigns, selves, their heirs and assigns, and successors, in their proportions, their heirs and assigns, provided that, the said grantees, their heirs and assigns, will shall and pay to Quonochontaug Central Beach Fire District, its successors and assigns, the sum of One Dollar for the first year and One Dollar for each subsequent year to be extended and applied by the said Quonochaug Central Beach Fire District, its successors and assigns, in its and their unrestricted discretion to the care and maintenance of the paved roads, alleys and other ways used and maintained for public use within the said sum agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed and shall be paid by the grantees, their heirs and assigns, one year after the same shall be due, one dollar for the shall be lawful for the said Quonochontaug Central Beach Fire District, its successors and assigns, to sell the premises by converse public Auction in present, giving first notice of such sale in some newspaper published in the Town of Quonochontaug at least one week before such week for three successive weeks, and to become the purchaser or purchasers at said sale. This covenant is a condition precedent subject agreed to by following conditions and restrictions, namely:
1. In case of a contemplated sale of said tract or parcel of land or any part thereof, Herman E. Learned and Elisabeth H. Learned shall give to the grantors written notice in writing and shall have the first option to purchase the same with the buildings and improvements thereon at a price based on the same bona fide price in good faith and fairly offered to the said Grantees, their heirs and assigns.
2. The above conveyed premises shall be used only as a site for one dwelling house on the lot hereby conveyed, which dwelling house shall be erected on the premises in accordance with the restrictions imposed upon other lots or parcels of a portion of any building or buildings or dwelling house or buildings, (porch included) shall appease the street or oceans or other front near the planned main line side, nor shall any building or buildings or dwelling house or buildings appear in any part of the lot nearer than five feet to: designated garage or other out building or buildings, any building or buildings shall be erected on the premises shall cost when completed not less than Two Thousand (2000) Dollars, all toilets, baths, kitchen or other plumbing fixtures shall be piped to a septic tank and shall be to constructed and maintained on the above premises by the grantees, their heirs and assigns at their own cost.
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 be in any way obstruct the view from the ocean to any property or building house 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 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, conduits or pipes, wires or cables, and to keep the same in as good condition as when entered.
6. It is hereby further covenanted, understood, and agreed by and between the parties hereto that all the aforesaid conditions, covenants, and agreements on the part of the said Grantees, their heirs and assigns on their part to be kept and performed are of the essence of this conveyance and form a part of the consideration agreed and made a part of the consideration of this sale and purchase and that in case of any violation of the terms of this covenant, the said premises and the buildings thereon shall revert to said Robert H. Trainer, his heirs and title, and the fee to said premises shall revert to said Robert H. Trainer, his heirs and assigns, and that said Robert H. Trainer or his successors in possessess himself or thereafter of the estate hereby granted and all right, title and interest hereinto shall cease be forfeited and cease and terminate.
Whereas and introducing this conveyance a portion of the same premises conveyed to Florence T. Trainer by Robert H. Thorp by deed dated December 31st, 1925 and recorded in the Land Evidence Records of the Town of Charlestown in Book 22 page 100 page; said premises having been conveyed in a deed from Florence T. Trainer to Rogers E. Trainer by deed dated September 16th, 1939 and recorded in Book 28 at Page 79 of the Land Evidence Records of said Town of Charlestown.
page 2 · read by Gemma vision
590
IN WITNESS WHEREOF, we have hereunto set our hands and seals this 19th day of
October in the year of Our Lord One Thousand Nine Hundred and Forty-five.
ROGERS E. TRAINER
FLORENCE T. TRAINER
(DOCUMENTARY STAMPS, $1.10)
STATE OF RHODE ISLAND
COUNTY OF WASHINGTON
In Westerly on the 19th day of October, 1945, before me personally appeared
Rogers E. Trainer and Florence T. Trainer, 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.
NELSON H. THORP (Notarial Seal)
Notary Public.
Received for record November 6th, A. D. 1945 at 9:20 o'clock, a. m., and recorded
by [signature]
Town Clerk