9/4/1946 · DEED · book 30 page 136 doc 1379@30/136

136 against the lawful claims and demands of all persons e-cept as aforesaid. And for the consideration aforesaid, I, John D. Nichols, do hereby release all my right of curtesy and all other interest in and to the said granted premises unto the said Grantee and her heirs and assigns forever. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 29th day of August in the year of our Lord One Thousand Nine Hundred and forty-six- LUCY A. NICHOLS JOHN D. NICHOLS (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly, on the 29th day of August, 1946, before me personally appeared John D. Nichols and Lucy A. Nichols, to me known and by me to be the parties e-cuting the foregoing instrument, and acknowledged said instrument by them e-cutted to be their free act and deed. HOWARD E. THORP (Notarial Seal) Notary Public. Received for record September 4th, A. D. 1946 at 9:00 o'clock, a. m., and recorded by [signature] Town Clerk ---- KNOW ALL MEN BY THESE PRESENTS, that LUCY A. NICHOLS 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 MABEL A. BRAGG of the Town of Mansfield, County of Bristol, Commonwealth of Massachusetts and ESTHER COTTON of the City of Norwood, County of Kent, and State of Rhode Island, as Joint Tenants with the right of survivorship and not as tenants in common, hereinafter called the Grantees, the receipt of which is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto the said grantees as Joint Tenants and not tenants in common, and their heirs and assigns forever, a certain tract or parcel of land situated and being in the Town of Charlestown, County of Washington and State of Rhode Island island and bounded and described as follows, to wit: The southerly half of Lot #13 of 30 as shown and delineated on a certain plan or plat entitled, "Plan of the Quonocutaug Central Beach, Charlestown, Rhode Island, Thorne & Trainer, Inc., Agents" 80x50 feet-to the inch, October, 1924, Roast's Store, Newport, R.I., filed in the office of the Recorder of Land Evidence on file being in the Town Clerk's office in said Town of Charlestown. Said parcel of land being a portion of the above mentioned plan and in consideration of the purchase price it is mutually understood and agreed that for building purposes a part of the premises may be extended beyond the grantees' boundary line to be considered as one lot. The said grantees, their heirs and assigns, shall have the right to put in a path or road, not to exceed ten feet in width, from the road or tract on foot or otherwise, over, on, and across those certain rights of way leading from the road to the beach and from the road to the beach and also the right of way leading from the road to the fresh water pond and any other portions of said plat which unless otherwise specified are and for Public Use and Access. The Grantees for themselves, their heirs and assigns, hereby covenant and agree to and with the said Town of Charlestown and its assigns, that they, the Grantees, their heirs and assigns, will and shall pay to the Quonocutaug Central Beach Fire District, as trustee for the said Town, on or before the first day of August in each year hereafter, the sum of Two Dollars and fifty cents ($2.50) for the premises herein granted, said sum to be employed and applied by the said Quonocutaug Central Beach Fire District, its successors and assigns, in its and their uncontrolled discretion to the care and maintenance

137 of the roads and other portions that may be designated for Public Use, and the said sums agreed to be paid are hereby made a lien and charge upon the premises hereby conveyed and in case of the failure to make any payment within one year after the same shall become due and payable the said Quonset Point Central Beach Fire District, its successors and assigns, to sell and convey the premises to a public auction, first giving notice of such sale in some newspaper published in said County for two weeks, and then again one week before such successive weeks and recourse to the purchaser or purchasers at said sale. TO HAVE AND TO HOLD the aforementioned premises, with all the rights, privileges and appurtenances thereunto belonging, unto and with the sole 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, Howard L. Thorp, his heirs or assigns, shall be given not less than ten days written notice, and shall have the first option to purchase the same with the buildings and improvements thereon at the then current market value, such option to be in good faith made and actually offered to the said Grantees, or their heirs and assigns. 2. The above conveyed premises, together with lot #17 shall be used only as for one (1) single-dwelling house, with a garage and garden planted on the premises in accordance with the building line as shown on said plat, and no portion of any building or dwelling house (porch included) shall approach the street or streets or ocean front nearer than the side lines of the lot or lots nearer than five feet therefore; no detached garage or other building, not attached to the dwelling house, shall be erected on said lot or lots shall cost when completed not less than One Thousand Dollars on said premises or other buildings, not attached to the dwelling house, shall be erected on said lot or lots to a suitable casement to be constructed and maintained on the above premises by the grantees, their heirs and assigns at their own cost and expense. 3. No division or line walls, hedges or fences shall be permitted, nor trees or any kind, nor anything (except the dwelling house) that shall in any way obstruct the view from any part of any adjoining lot or lots, or any dwelling place in this colony; shrubs, flowers and vegetables shall be permitted. 4. No poultry, swine, cattle, noise or vicious dogs, or cats or any other noise or objectionable animals shall be kept or permitted to be kept on said premises. 5. The Quonset Point Central Beach Fire District, its successors and assigns, reserve the right to enter upon the above premises at any reasonable time and from any direction to lay any pipes or provide for the repair of the same, always leaving the premises in as good condition as when entered. 6. It is hereby further convened, understood and agreed by and between the parties hereto that all the aforesaid covenants, conditions and restrictions shall run with the land, and inure to their heirs and assigns, on their part to be kept and performed, shall attach to and run with the land hereby conveyed and be binding upon the Grantees, their heirs and assigns, as a part of the consideration of this sale and purchase that in case of any violations of the above conditions or covenants on the part of said Grantees, their heirs and assigns, or the said Howard R. Thorp his heirs and assigns, and on their he may repose their trust honestly and faithfully, the said Howard R. Thorp and his heirs and assigns, all right, title and interest hereby conveyed shall be forfeited and cease to terminate. The said Grantor for herself, her heirs, executors, and administrators, covenants with the said Grantees, their heirs and assigns, that she is seized in fee simple of the premises hereby conveyed to the said grantees premises; that the same are free from all encumbrances, except as aforesaid, that she has good right, full power and lawful authority to sell and convey the same in manner aforesaid, that she will warrant and defend the same to the said Grantees, their heirs and assigns, all times hereafter peaceably and quietly and fully and enjoy the said premises, subject as aforesaid, and that the said Grantor, her heirs, 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 whomsoever. And for the consideration aforesaid, I, John D. Nichols, do hereby release all my right of curtesy 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 August in the year of our Lord One Thousand Nine Hundred and forty-six. LUCY A. NICHOLS JOHN D. NICHOLS (DOCUMENTARY STAMPS, 55¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Westerly on the 29th day of August, 1946, before me personally appeared John D. Nichols and Lucy A. Nichols to me known and known by me to be the parties executing the foregoing instrument, and acknowledged by said instrument, by them to be their free act and deed. HOWARD E. THORP (Notarial Seal) Notary Public Received for record September 4th, A.D. 1946 at 9:10 o'clock, a.m., and reported by [Signature] Town Clerk