The instrument's own words
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STATE OF RHODE ISLAND )
)
County of Washington )
In Charlestown, on the 21st day of August, 1946, before me personally appeared Frank
E. Nelson, John Terranova, Edward Nelson, Myrtle E. Nelson and Leonard E. Nelson, to me known
and known by me to be the five of the parties executing the foregoing instrument, and they sever-
ally acknowledged said instrument, by them e-executed, to be their free act and deed.
LINTON L. BROWN
Notary Public.
Received for record September 16th, A. D. 1946 at 1:30 o'clock, p. m., and recorded
by B. L. [?]
Town Clerk
We, LINTON L. BROWN and GLADYS T. BROWN, husband and wife, both of the Town of
Charlestown, County of Washington, State of Rhode Island, hereinafter called the Grantors,
in consideration of the sum of Ten ($10) Dollars, and other valuable considerations to us
paid by GLENN F. GODDEN, hereinafter called the Grantee, of said Town, County and State, the
receipt whereof is hereby acknowledged, do hereby give, grant, bargain, sell and convey unto
the said Grantees, his and heirs and assigns forever, in fee simple.
Those four (4) certain tracts or lots of land, situated in said Town of
Charlestown, said land out of a larger tract of land, Lot number one hundred sixteen (
(106), one hundred seven (107), one hundred eleven (111), and one hundred
thirteen (113), on the south side of the road from Colony to South Kingstown,
South Kingstown, R.I., Property of M.R. a. Hemke, Numbered Lots Represent
Area of Sea Ion Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938
Lean on Rhode Island Civil Court, Case No. 87, and on which plat is on file in
the Office of the Town Clerk of said Town of Charlestown.
This conveyance is made subject to the following restrictions, binding upon the
said Grantee, his heirs and assigns:
1. Only one private one-family residence and a private garage shall be erected
plats, maintained or permitted upon any one of said aforementioned Lots, or
any part or any one of said Lots; no part of any building, including porches
shall occupy more than twenty (20) feet of any street line of lots numbered one
six (106), one hundred eleven (111), and one hundred thirteen (113); or nearer
than fifty (50) feet of the easterly or westerly lines of lots numbered one hundred
or nearer than five (5) feet of the northerly, southerly or westerly lines of lots
one hundred eleven (111) and one hundred thirteen (113); or nearer than five (5)
feet of the northerly or southerly lines of lots numbered one hundred six (106) and
one hundred seven (107).
2. No garage shall be used as a residence, on any one of said lots, unless said
garage costs the minimum cost of the residence to be erected on the same and no
tents and no auto trailers shall be erected, placed or maintained on said premises.
3. All toilet and sink drains on each and all of said lots shall be connected with
cesspools or septic tanks, so that no sewage shall pollute or endanger any drinking
water supply, nor pollute to the waters along the shore of said plats.
4. Said lots, or any part or parts thereof, shall not be used for any trade or
business or commercial purpose nor for any other public purpose whatsoever.
5. No house shall be erected, placed or maintained on any one of said lots,
costing less than Fifteen Hundred Dollars ($1500) without the written consent
of Norman H. Behnke and Marie R. V. Behnke, their heirs and assigns.
Also, including in this conveyance, those four (4) certain strips or tracts of
land, shown and designated on the aforementioned Plat, as Lots Numbers 246, 247, 248 and 249,
which said strips of tracts of land are conveyed subject to the following restrictions:
(a) No building other than a dock shall be erected on each strip of land. No
pipes shall run from any house or building to Owen Hill Pond, and no other
shall be maintained on these strips of land which will in any manner pollute
the waters of the pond.
(b) No part or said land shall be used for any trade or business or for any com-
mercial or public purpose whatsoever. No person may use said premises as sleeping
quarters or for a trailer or tent. These strips of land shall at all times be
kept in neat order and free from any unsightly litter.
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(c) Said premises are conveyed e-clusively for the purpose of giving to the
grantee, who is the owner of Lot #106, #107, #111 and #113, on the
above described plat access to Green Hill Pool and boating privileges
thereon, and cannot be leased, shared, rented or the use thereof given
to any one other than the owners or occupants of the dwelling
houses that may be built on Lots #106, #107, #111 or #113 respectively.
It is the express intention of the grantor to restrict prevention to the use
these strips of land for any purpose other than by owner lot owner or
occupants other than the owner legal or occupants of the dwelling
houses on Lots #106, #107, #111 or #113 respectively.
(d) Community privileges and paths, ways and streets of Sea Lea Colony adjacent
to these strips of land are reserved e-clusively for residents of Sea Lea Colony
to protect the quiet and peaceful enjoyment of these residents and
their use cannot be granted by owners of lots of Sea Lea Colony to lot
owners on adjacent lots or any other person.
(e) Said strips of land #246, #247, #248 and #249 must be conveyed with Lots
#106, #107, #111 and #113 respectively, and cannot be sold separate and
apart from them. Should any violation occur by this grantor, his heirs
and assigns, to convey, lease or rent said strips of land #246, #247, #248
and #249 separately from Lots #106, #107, #111 or #113 respectively, the
fee in said strips of land #246, #247, #248 and #249, without restriction,
shall immediately revert to said Norman L. Behnke and Marie R. Y. Behnke,
their heirs or assigns, and remedy for said may be taken by them or
by their heirs or assigns. Failure of said Norman L. Behnke or Marie R. Y. Behnke, their
heirs or assigns to take such action upon such breach shall not
constitute a waiver of their right so to do.
IN WITNESS WHEREOF, we have hereunto set our names this 9th day of September, A. D.
1946.
LINTON L. BROWN
GLADYS T. BROWN
(DOCUMENTARY STAMPS, 55¢)
STATE OF RHODE ISLAND, ETC.) ss
County of Washington )
In Charlestown, on the 9th day of September, A. D. 1946, before me personally
appeared Linton L. Brown, and Gladys T. Brown, husband and wife, both to me known and known by
me to be the parties e-cuting the foregoing instrument, and they acknowledged said instrument,
by them e-cutted, to be their free act and deed.
EVELYN R. BITGOOD
Notary Public
Received for record September 16th, A. D. 1946 at 3:00 o'clock, p. m., and recorded by
[Signature]
Town Clerk
The page as recorded
