1/24/1940 · DEED · book 28 page 152 doc 14@28/152

152 KNOW ALL MEN BY THESE PRESENTS, that we, NORMAN L. BEHNEKE and wife, MARIE ROSE YVONNE BEHNEKE, 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 to us paid by LUCIEN E. LANDRY and spouse GERTRUDE E. LANDRY, his wife, both of East Providence, Providence County, Rhode Island, hereinafter called the Grantees, the receipt whereof 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 in fee simple That certain tract or lot of land, with all buildings and improvements thereon, situated in the Town of Charlestown, Rhode Island, laid out and delineated as Lot No. 10 on a plat entitled "Plan of the former Lea Colony" in Charlestown and South Kingstown, R.I., Property of H. R. S. Wetherell, Lea Colony Road Right of Way and Area of the Sea Colony, Surveyed and Platted 1933, 1934, 1936, 1937, 1938 and 1939, by J. S. S. Sargent, R.S., Scale 1" = 100', said plat is recorded in the Records of Land Evidences in said Town of Charlestown. This conveyance is made subject to the following restrictions binding upon the said Grantees, their heirs and assigns: 1. Only one private one-family residence and a private garage shall be erected, placed, maintained or permitted upon said lot, or any part thereof, and no part of any building, including porches, shall be located nearer than five (5) feet to the westerly lot line, or nearer than five (5) feet to the south line. No building shall be erected or built on said plat nearer than twenty (20) feet from Third Street, or nearer than twenty (20) feet to the northerly lot line, and no part of any building, including porches, shall come over the line of the northerly boundary than twenty (20) feet to the line of Third Street, or nearer than fifteen (15) feet to the easterly lot line, or avenue. 2. No garage shall be used as a residence unless it costs the minimum cost of the residence to be erected on said lot, and no tents and no automobile trailers shall be erected or permanently maintained on said premises. 3. All toilet and sink drains or sink drains on said lot shall be constructed with cesspools or septic tanks, so placed as not to pollute or endanger any drinking water or supply of water, including the shore of this plat. 4. Said lot, or any part thereof, shall not be used for any trade or business or commercial purpose or for any public purposes whatsoever. 5. No house shall be erected, placed or maintained on said lot costing less than Fifteen Hundred ($1,500.) Dollars without the written consent of these Grantors. And we, EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, the mortgagees named in that certain mortgage grant from said Marie R. Y. Behneke to said Edward Edgar Y. Burdick and Marion Gertrude Burdick, dated July 29, 1932, and recorded in the Records of Land Evidence in said Charlestown, in Book 25 on Page 147, for consideration paid, release to said Marie Rose Yvonne Behneke, all our right, title and interest as mortgagees aforesaid, in and to the above described premises. Together with the full right to use the ways, streets and privileges as shown and delineated on said plat. TO HAVE AND TO HOLD the aforementioned premises, with all the privileges and appurtenances thereunto belonging, unto and to the use of the said Grantees as joint tenants and not tenants in common, and their heirs and assigns forever in fee simple. And as the said Grantors, do hereby, for ourselves and for our heirs, executors and administrators, covenant with the said Grantees and their heirs and assigns, that we are lawfully seized in fee simple of the said granted premises; that the same are free from all encumbrances, excepting as aforesaid; that the said Grantees and their heirs and assigns shall by these presents at all times hereafter peaceably and quietly have and enjoy the said premises, and that we the said Grantors will and our heirs, executors and administrators shall, warrant and defend the same to the said Grantees and their heirs and assigns forever against the lawful claims and demands of all persons, excepting as aforesaid. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 24 day of January in the year of our Lord one thousand nine hundred and forty. Signed and sealed in presence of: MARIE ROSE YVONNE BEHNEKE (SEAL) NORMAN L. BEHNEKE (SEAL) EDWARD EDGAR BURDICK (SEAL) MARION GERTRUDE BURDICK (SEAL) Linton L. Brown as to all signatures

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk

153 STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24th day of January, A. D. 1940, before me personally appeared the above named NORMAN L. BEHNEKE and MARIE ROSE YVONNE BEHNEKE, his wife, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN NOTARY PUBLIC (INTERNAL REVENUE STAMP. 50¢) STATE OF RHODE ISLAND COUNTY OF WASHINGTON In Charlestown, R. I., on the 24 day of January A. D. 1940, before me personally appeared the above named EDWARD EDGAR BURDICK and MARION GERTRUDE BURDICK, to me known and known by me to be two of the parties executing the foregoing instrument, and they acknowledged said instrument, by them executed, to be their free act and deed. LINTON L. BROWN Notary Public. Received for record January 24th, A. D. 1940 at 2:35 o'clock, p. m., and recorded by [Signature] Town Clerk